Generally, no, most gyms do not need to comply with HIPAA. However, when a gym or fitness center provides a healthcare service, it must follow HIPAA regulations.
What Is HIPAA and who must comply?
The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that safeguards individuals’ protected health information (PHI). It applies to covered entities, including:
- Healthcare providers (doctors, hospitals, clinics, therapists).
- Health plans (insurance companies, Medicare, Medicaid).
- Healthcare clearinghouses (organizations that process health data).
- Business associates (third parties handling PHI on behalf of covered entities).
Therefore, if a business does not fall into one of these categories, it doesn’t need to be HIPAA compliant, even if it collects health-related data, like medical history, fitness assessments, or biometric data.
When does a gym need to be HIPAA compliant?
While most gyms are not HIPAA-covered entities, Alexandra Black Larcom, PhD candidate and previous Senior Manager of Health Promotion and Health Policy at The Health & Fitness Association, explains, “If your club runs health and wellness programs, you may need to comply with HIPAA…”
Examples can include:
Gyms offering medical services
If a gym provides physical therapy, chiropractic care, or rehabilitation services and bills insurance, it is considered a healthcare provider and must comply with HIPAA.
So, if a wellness center within a gym employs licensed physical therapists and bills insurance companies, HIPAA applies.
Corporate wellness programs
Some gyms partner with employers to provide corporate wellness programs, where employees' health data (e.g., weight loss progress, heart rate, or activity levels) is shared with an employer’s health plan. If the data is transmitted to an insurance provider, it must comply with HIPAA.
Gyms partnering with healthcare providers
If a gym works directly with doctors, hospitals, or insurance companies to offer specialized programs, it may handle PHI and require HIPAA compliance. Let’s say a hospital partners with a gym to provide a cardiac rehabilitation program. The gym receives medical records from the hospital to tailor patients’ fitness plans, making them subject to HIPAA.
When HIPAA does NOT apply to gyms
Most traditional gyms and fitness centers are not subject to HIPAA because they do not provide medical services or bill insurance. However, they may still collect sensitive personal data, which could be protected under other privacy laws.
Like when a standard gym or fitness center collects member weight, height, or workout progress for personal use only.
Additionally, if the gym uses a fitness tracking app that collects heart rate data but is not associated with a healthcare provider, HIPAA doesn’t apply.
Nonetheless, gyms must protect personal data by implementing secure data storage and using privacy policies to inform members how their data is used. If the business operates in California, it must also adhere to other privacy laws, like the California Consumer Privacy Act (CCPA).
Go deeper: CCPA vs. HIPAA
FAQs
What is a business associate agreement?
A business associate agreement (BAA) is a legally binding contract establishing a relationship between a covered entity under the Health Insurance Portability and Accountability Act (HIPAA) and its business associates. The purpose of this agreement is to ensure the proper protection of personal health information (PHI) as required by HIPAA regulations.
What is HIPAA?
The Health Insurance Portability and Accountability Act (HIPAA) sets national standards for protecting the privacy and security of certain health information, known as protected health information (PHI).
HIPAA is designed to protect the privacy and security of individuals’ health information and to ensure that healthcare providers and insurers can securely exchange electronic health information. Violations of HIPAA can result in significant fines and penalties for covered entities.
Should wearable technology be HIPAA compliant?
Yes, HIPAA mandates that covered entities, including healthcare providers, protect patient data collected by wearable technology from unauthorized access and misuse.
Read also: Using wearable technology data for email follow-ups
