It’s unlikely that you haven’t heard of the Healthcare Insurance Portability and Accountability Act, or what is more commonly known as HIPAA, whether you are new to the healthcare field or have been working here for some time. According to the HIPAA compliance framework, Protected Health Information (PHI) about patients must be stored and used securely, as dictated by federal law, and established by then-President Clinton in 1996. If you’ve ever searched for FAQ’s about HIPAA compliance, you’ve likely seen how vital this law is for every healthcare organization.
It may be challenging to comprehend the intricate set of laws and regulations governing HIPAA if you are not a lawyer who has previously worked with this compliance framework. Since the original HIPAA law took effect in 1996, it has undergone multiple modifications, resulting in ongoing questions among many professionals.
Being aware of your difficulties, we at Akitra have decided to curate a series that answers the most frequently asked questions concerning the HIPAA compliance framework. Our objective is to provide you with factual information that will help you better understand this complex regulatory structure. Whether you’re a healthcare provider or a business associate, FAQ’s about HIPAA compliance can help you navigate these regulations.
Let’s continue.
What is HIPAA?
HIPAA is an abbreviation for the Health Insurance Portability and Accountability Act. HIPAA is primarily designed to protect and safeguard protected health information (PHI), which includes any personally identifiable health information, such as names, contact information, social security numbers (SSNs), medical record numbers, and biometric data, among others.
Through the security rule, the privacy rule, and the breach reporting rule, HIPAA seeks to achieve several objectives, including ensuring that PHI is kept secure and confidential. This is a common point covered in FAQ’s about HIPAA compliance guides, as it forms the backbone of the law.
Please find out more about HIPAA’s operation, applications, advantages, violations, etc. by reading one of our earlier posts right here.
5 Most Frequently Asked Questions about HIPAA Compliance
Who enforces HIPAA compliance?
The federal agency responsible for ensuring HIPAA compliance is the Department of Health and Human Services’ Office for Civil Rights (OCR). This is one of the first points clarified in most FAQ’s about HIPAA compliance because knowing the enforcement authority is crucial.
What is a Covered Entity (CE)?
Any company required by law to comply with HIPAA requirements, such as healthcare providers, health plans, and clearinghouses, is considered a covered entity. Doctors, medical, dental, and vision clinics, hospitals, and other allied health care providers are all considered healthcare providers in this context. Health plans include health insurance companies, healthcare maintenance organizations (HMOs), and company health plans.
For organizations uncertain of their classification, FAQ’s about HIPAA compliance often explain these categories in depth.
What is a Business Associate and a Business Associate Agreement?
Businesses that create, receive, store, transfer, or keep PHI on behalf of their covered entity clients are known as business associates. Business partners could supply software, invoicing services, or electronic health record providers. Healthcare providers in the US are required by HIPAA to only purchase their technology from vendors who provide business associate agreements (BAA).
A BAA restricts each signing party’s liability by requiring them to be HIPAA compliant and to be responsible for maintaining that compliance. This point is frequently addressed in FAQ’s about HIPAA compliance for vendors and service providers.
What are the basic HIPAA training requirements?
Every personnel member with access to PHI must receive training under HIPAA. HIPAA basics, cybersecurity best practices, and the organization’s internal HIPAA regulations and procedures must all be covered in training. Employees must receive training upon employment and undergo retraining annually thereafter to comply with HIPAA standards.
Training should also be provided when a need is identified, for instance, when there are changes in the technology used or when the HHS issues new rules. Comprehensive FAQ’s about HIPAA compliance also stress that training is not optional; it’s a legal requirement.
Does HIPAA extend to wearable medical tech and other devices?
It can, if the gadget gathers, keeps, or sends PHI to a Covered Entity or business associate (such as glucose levels associated with a specific person, for example). Medical gadgets, wearables, and IoMT (Internet of Medical Things) devices are gaining popularity, and these devices are becoming increasingly equipped with WiFi and Bluetooth, as well as built-in microprocessors that can store PHI data and transmit it to the cloud, allowing a Covered Entity or Business Associate to access it.
A smartwatch used for personal purposes and not connected to the internet or a segregated network is not subject to HIPAA. However, one that is distributed as part of a corporate wellness program and connected to a CE or BA would be.
Companies that sell such gadgets have a Business Associate Agreement for this particular application, and this scenario is often clarified in FAQ’s about HIPAA compliance for tech developers.
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Our solution offers substantial time and cost savings, including discounted audit fees, enabling fast and cost-effective compliance certification. Customers achieve continuous compliance as they grow, becoming certified under multiple frameworks through a single automation platform.
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