What is HIPAA?
HIPAA is an abbreviation for Healthcare Insurance Portability and Accountability Act.HIPAA remains one of the most important federal regulations for protecting health information in the United States. It establishes requirements for how covered entities and business associates handle Protected Health Information (PHI) and electronic Protected Health Information (ePHI).
For healthcare organizations and service providers, understanding who HIPAA applies to, how Business Associate Agreements work, what workforce training is required, and when connected health technologies fall within HIPAA can be confusing.
In this blog, we answer five frequently asked questions about HIPAA compliance to help organizations better understand these responsibilities and strengthen their approach to protecting sensitive health information.
Key Takeaways
- HIPAA is primarily enforced by the HHS Office for Civil Rights.
- Covered entities include health plans, health care clearinghouses, and certain health care providers.
- Business associates may also have direct HIPAA responsibilities when handling PHI.
- HIPAA requires appropriate workforce privacy and security training, but does not universally require annual retraining.
- Wearables and connected health technologies may fall under HIPAA depending on who collects or receives the data and how the technology is used.
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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