Department of Health and Human Services has adopted standards. A business associate is an organization or individual who performs services on behalf of a HIPAA-covered entity that requires access to, or the use of, protected health information. Protected health information is the term given to health data created, received, stored, or transmitted by HIPAA-covered entities and their business associates in relation to the provision of healthcare, healthcare operations and payment for healthcare services.
Protected health information includes all individually identifiable health information, including demographic data, medical histories, test results, insurance information, and other information used to identify a patient or provide healthcare services or healthcare coverage. Protected health information is defined in the Code of Federal Regulations and applies to health records, but not education records which are covered by other federal regulations, and neither records held by a HIPAA-covered entity related to its role as an employer.
In the case of an employee-patient, protected health information does not include information held on the employee by a covered entity in its role as an employer, only in its role as a healthcare provider. PHI does not include individually identifiable health information of persons who have been deceased for more than 50 years. When individually identifiable information is used by a HIPAA covered entity or business associate in relation to healthcare services or payment it is classed as protected health information.
There are 18 identifiers that can be used to identify, contact, or locate a person. The following types of individuals and organizations are subject to the Privacy Rule and considered covered entities:. This subset is all individually identifiable health information a covered entity creates, receives, maintains, or transmits in electronic form. Covered entities should rely on professional ethics and best judgment when considering requests for these permissive uses and disclosures.
HIPAA violations may result in civil monetary or criminal penalties. Skip directly to site content Skip directly to page options Skip directly to A-Z link. Technologies such as encryption software and firewalls are covered under technical safeguards. Physical safeguards for PHI data include keeping physical records and electronic devices containing PHI under lock and key.
Administrative safeguards include access controls to limit who can view PHI information. Although there could be thousands of Mr. Browns in New York, there is likely no more than a handful of Mr. Kwiatowskis in Crivitz, WI. Visit our Security Rule section to view the entire Rule, and for additional helpful information about how the Rule applies.
In the event of a conflict between this summary and the Rule, the Rule governs. HIPAA called on the Secretary to issue security regulations regarding measures for protecting the integrity, confidentiality, and availability of e-PHI that is held or transmitted by covered entities.
HHS developed a proposed rule and released it for public comment on August 12, The Department received approximately 2, public comments. The final regulation, the Security Rule, was published February 20, See additional guidance on business associates. The Security rule also promotes the two additional goals of maintaining the integrity and availability of e-PHI.
HHS recognizes that covered entities range from the smallest provider to the largest, multi-state health plan. Therefore the Security Rule is flexible and scalable to allow covered entities to analyze their own needs and implement solutions appropriate for their specific environments.
Therefore, when a covered entity is deciding which security measures to use, the Rule does not dictate those measures but requires the covered entity to consider:. Covered entities must review and modify their security measures to continue protecting e-PHI in a changing environment.
Risk analysis should be an ongoing process, in which a covered entity regularly reviews its records to track access to e-PHI and detect security incidents, 12 periodically evaluates the effectiveness of security measures put in place, 13 and regularly reevaluates potential risks to e-PHI.
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