HIPAA’s Privacy Rule focuses on protecting the privacy of all forms of protected health information (PHI), whether electronic, paper, or oral. It governs how PHI can be used and disclosed by covered entities. On the other hand, the Security Rule specifically addresses the security of electronic PHI (ePHI). It establishes the standards for securing electronic data, including administrative, physical, and technical safeguards, to ensure the confidentiality, integrity, and availability of ePHI.
What is the HIPAA Privacy Rule?
The HIPAA Privacy Rule, established in 2000, sets national standards for the protection of all forms of PHI. PHI includes any information that can identify an individual and relates to their health status, healthcare, or payment for healthcare services. This rule applies to healthcare providers, health plans, and healthcare clearinghouses, collectively known as covered entities, and their business associates who handle PHI.
Key features of the HIPAA Privacy Rule
- Scope: The Privacy Rule applies to all forms of PHI, whether in electronic, paper, or oral form. This broad scope ensures that patient information is protected across all mediums.
- Use and disclosure: The rule governs how PHI can be used and disclosed. It requires covered entities to obtain patient consent before using or sharing PHI, except in certain situations such as treatment, payment, or healthcare operations.
- Patient rights: The Privacy Rule grants patients specific rights regarding their PHI. These include the right to access their health records, request corrections, and obtain an account of disclosures made by the covered entity.
What is the HIPAA Security Rule?
The HIPAA Security Rule, established in 2003, specifically addresses the protection of ePHI. As healthcare increasingly relies on digital technology, the Security Rule sets standards to ensure that electronic patient data is secure, confidential, and available when needed.
Key features of the HIPAA Security Rule
- Scope: The Security Rule applies exclusively to ePHI, PHI that is created, received, maintained, or transmitted in electronic form. This includes data stored on computers, transmitted over the internet, or processed by electronic medical devices.
- Safeguards: The rule mandates three types of safeguards to protect ePHI:
- Administrative safeguards: Policies and procedures designed to manage the selection, development, and implementation of security measures. This includes risk assessments, workforce training, and incident response planning.
- Physical safeguards: Measures to protect electronic systems, equipment, and data from physical threats. This includes access controls, facility security plans, and device management protocols.
- Technical safeguards: Technology solutions that protect ePHI and control access to it. This includes encryption, access controls, and audit controls to monitor data access and usage.
- Risk management: The Security Rule emphasizes a risk-based approach, requiring covered entities to regularly assess potential risks to ePHI and implement measures to mitigate those risks.
Differences between the Privacy Rule and the Security Rule
While both the Privacy Rule and the Security Rule aim to protect patient information, they differ in their focus and scope:
Scope of protection
The Privacy Rule covers all forms of PHI: electronic, paper, and oral.
The Security Rule focuses exclusively on ePHI, addressing the specific challenges of securing electronic data.
Type of safeguards
The Privacy Rule outlines general guidelines for the use and disclosure of PHI and grants patient rights.
The Security Rule provides specific, actionable standards for securing ePHI through administrative, physical, and technical safeguards.
Applicability
The Privacy Rule applies to a broader range of entities, including those handling non-electronic PHI.
The Security Rule is more targeted, focusing on entities that create, receive, maintain, or transmit ePHI.
Patient rights
The Privacy Rule directly addresses patient rights regarding their PHI, such as access and correction.
The Security Rule does not specifically address patient rights but rather focuses on the technical and administrative aspects of protecting ePHI.
Why both Rules matter
The Privacy Rule and the Security Rule both ensure the protection of patient information. The Privacy Rule ensures that patient information is handled with respect and confidentiality, regardless of the medium. Meanwhile, the Security Rule provides the necessary standards to protect electronic data with the digitization of healthcare.
providers.
“HIPAA is helpful for providers because it provides a framework for balancing quality care with patient protections. Its importance goes beyond legal obligation, touching on a provider’s ethical obligation to do no harm,” says Next DLP. Together, these rules ensure that patient information remains secure and that patients maintain control over their health information. Compliance with both rules is not only a legal obligation for covered entities but also a fundamental aspect of building trust between patients and healthcare
See also: HIPAA Compliant Email: The Definitive Guide
FAQs
What is HIPAA compliance?
HIPAA compliance refers to the adherence to the rules and regulations set forth by the Health Insurance Portability and Accountability Act (HIPAA) to protect the privacy and security of PHI. Compliance ensures that covered entities and their business associates handle PHI responsibly and securely.
Read also: Understanding and implementing HIPAA rules
Who is required to comply with HIPAA?
HIPAA applies to covered entities, which include healthcare providers, health plans, and healthcare clearinghouses, as well as their business associates, third-party organizations that perform functions or services on behalf of a covered entity that involve the use or disclosure of PHI.
Go deeper:
What are the penalties for HIPAA non-compliance?
Penalties for HIPAA non-compliance can range from civil fines to criminal charges. Civil penalties can vary from $100 to $50,000 per violation, with an annual maximum of $1.5 million. Criminal penalties can include fines and imprisonment, depending on the severity of the violation.
Tshedimoso Makhene
