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Enforcement of the HIPAA Privacy and Security Rules
Title: Enforcement of the HIPAA Privacy and Security Rules
Date: August 11, 2008
Author: Gina Marie Stevens
Institution: Congressional Research Service
Bibliographic Entry: Stevens, Gina M. “Enforcement of the HIPAA Privacy and Security Rules.” August 11, 2008. Congressional Research Service. http://assets.opencrs.com/rpts/RL33989_20080811.pdf (Accessed October 09, 2008)
Electronic Link: http://assets.opencrs.com/rpts/RL33989_20080811.pdf
Key Words: Health Insurance Portability and Accountability Act of 1996 (HIPAA), HIPPA Privacy Rule, Administrative Simplification Enforcement Rule, protected health information
Summary of Key Points, Issues, Conclusions:
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) enacted by Congress instructed the Department of Health and Human Services (HHS) to adopt standards to facilitate the electronic exchange of health information for certain financial and administrative transactions. Within the construct of this act is the HIPAA Privacy Rule. The HIPAA Privacy Rule is acknowledged as the national standard for the protection of individually identifiable health information. Although the HIPPA was enacted in 1996, the enforcement of the Privacy Rule began in 2003. The Privacy Rule does the following:
- Regulates the use and disclosure of protected health information by health plans, health care clearinghouses, and health care providers who transmit financial and administrative transactions electronically.
- Establishes a set of basic consumer protections
- Permits any person to file an administrative complaint for violations
- Authorizes the imposition of civil or criminal penalties.
In addition to the Privacy Rule, the Administrative Simplification Enforcement Rule took effect on March 16, 2006. The Administrative Simplification Enforcement Rule is an administrative and procedural protocol which stipulates the following items:
- Establishes procedures for the imposition of civil money penalties on entities that violate rules
- Amends existing rules relating to the process for imposition of civil money penalties
- Clarifies the investigation process and enumerates the bases for liability
- Determines penalty amount, grounds for waiver, conduct of the hearing, and the appeal process
Name of Researcher: Oludayo Olusanya
Institution: Integrative Center for Homeland Security, Texas A&M University
Date Posted: October 21, 2008