Revolutionizing Privacy Protections- The Law That Dramatically Altered HIPAA Provisions

Which law made significant changes to provisions in the HIPAA?

The Health Insurance Portability and Accountability Act (HIPAA) was originally enacted in 1996 to address issues related to the confidentiality, security, and privacy of patients’ health information. Over the years, the law has been amended several times to keep pace with technological advancements and evolving healthcare practices. One of the most significant changes to HIPAA provisions came with the enactment of the Health Information Technology for Economic and Clinical Health Act (HITECH) in 2009.

The HITECH Act was designed to promote the adoption and meaningful use of health information technology, such as electronic health records (EHRs). However, it also made several important changes to the HIPAA regulations, which are outlined below:

1. Increased Penalties: The HITECH Act increased the potential fines for HIPAA violations. Under the original HIPAA, fines could range from $100 to $25,000 per violation, with a maximum of $25,000 for all violations of the same type in a calendar year. The HITECH Act raised the maximum fine to $50,000 per violation, with a maximum of $1.5 million for all violations of the same type in a calendar year.

2. Breach Notification Requirements: The HITECH Act introduced mandatory breach notification requirements for covered entities and business associates. This means that any entity that handles patients’ health information must notify affected individuals, the Secretary of the Department of Health and Human Services (HHS), and potentially other entities, in the event of a breach of unsecured protected health information (PHI).

3. Business Associate Agreements: The HITECH Act expanded the definition of a “business associate” and required covered entities to enter into business associate agreements with their business associates. These agreements must include terms that require business associates to comply with the HIPAA Privacy and Security Rules.

4. Enhanced Enforcement: The HITECH Act provided HHS with additional resources to enforce HIPAA regulations. This includes the ability to conduct audits and investigations, as well as impose penalties for non-compliance.

5. Privacy Rule Modifications: The HITECH Act made several modifications to the HIPAA Privacy Rule, including:

– Expanding the definition of “minimum necessary” to ensure that only the minimum amount of PHI necessary for a particular purpose is used or disclosed.
– Requiring covered entities to provide individuals with an accounting of disclosures of their PHI for treatment, payment, and healthcare operations.
– Providing individuals with the right to restrict certain disclosures of their PHI to health plans if they have paid out-of-pocket for a service.

The HITECH Act’s changes to HIPAA provisions have had a significant impact on the healthcare industry. By increasing penalties, introducing breach notification requirements, and enhancing enforcement, the act has helped to ensure that patients’ health information remains secure and private. Additionally, the modifications to the Privacy Rule have helped to promote transparency and accountability in the handling of PHI.