HIPAA Privacy Rule
What is the HIPAA Privacy Rule?
A fundamental component of the Health Insurance Portability and Accountability Act (HIPAA), the Privacy Rule governs how healthcare providers, health plans, and healthcare clearinghouses – collectively known as Covered Entities – can use and disclose Protected Health Information (PHI).
According to the Privacy Rule, individuals have the right to understand and control how their health information is used. It covers patient rights, such as the right to access their medical records, the right to request corrections to their health information, and the right to request restrictions or confidential communications.
The Privacy Rule also applies the Minimum Necessary Standard, which instructs healthcare providers and organizations to disclose only the minimum amount of information required to accomplish a task. Covered Entities and their Business Associates must implement strict policies to ensure PHI is only accessed and shared by authorized personnel.
How to Enforce the HIPAA Privacy Rule?
Regular HIPAA compliance training is essential for all employees to understand how to perform their job according to the required protocols and prevent unintentional violations.
The use of HIPAA compliant email platforms fits under the Privacy Rule. When communicating PHI electronically, encryption and secure access are required to protect sensitive data. Using personal or unsecured email systems for patient communication creates privacy risk, but is permissible if patients insist and there is a compliant option in place. When information is sent unsecurely to comply with patient requests, warnings about the risk must be included.
Failure to comply with the HIPAA Privacy Rule can result in costly HIPAA breach penalties, including civil and criminal fines. The Privacy Rule is not static. It evolves with advancements in healthcare and technology. Organizations must continuously maintain compliance with updates to compliance practices, policies, and training that align with any changes in regulation or best practices.
Related Terms
Two Factor Authentication
End-to-End Encryption
Privacy Policy