HIPAA legislation guide

The Health Insurance Portability and Accountabilityand providers who electronically maintain health
Act or HIPAA, which was enacted by the USinformation used in electronic transmissions
Congress in 1996, has introduced to sweepingbetween entities.
changes in health care administration andNon-compliance with HIPAA regulations may cause
information systems. HIPAA is a federal law thatdisruptions in an organization's day-to-day business
has been amended to the Internal Revenue Codeprocesses, resulting in both tangible and intangible
of 1986 which intends to improve portability andcosts. The most serious implications of HIPAA
continuity of health insurance; combat waste,non-compliance for health care organizations
fraud and abuse in health insurance and healthinclude the inability to effectively conduct
care delivery; promote the use of medical savingselectronic business and the potential of losing
accounts and improve access to long-term healthsignificant segments of business. The government
care services and coverage; and simplify thealso imposes some sanctions on those who fail to
administration of health insurance.comply with the regulations of HIPAA. The
HIPAA is designed to standardize the way allpenalty for failure to comply with regulations goes
health care organizations electronically exchangeup to $100 per violation per person up to a
sensitive patient data and to protect patientsmaximum of $25,000 per year. Penalty for
from unauthorized disclosure of their medicalknowingly and wrongfully disclosing individually
records (whether paper or electronic). Underidentifiable health information is up to $50,000 per
HIPAA, there are specific standards that all healthviolation or one year imprisonment or both for
care organizations are required to adhere to.simple offense; up to $100,000 per violation or
These standards include an Administrativefive years imprisonment or both if the offense is
Simplification Title that is aimed at preventing"under false pretenses"; and up to $250,000 or
health care fraud and abuse. Within this title, thereten years imprisonment or both if committed with
are several laws and proposed standards includingintent to sell, transfer or use for commercial
Electronic Health Transactions Standards, Privacyadvantage, personal gain or malicious harm.
& Confidentiality Standards, Unique HealthThus, the ultimate objective of HIPAA is to
Identifiers, and Security & Electronic Signatureincrease the efficiency and effectiveness of health
Standards.information systems through improvements in
These HIPAA laws and standards directly apply toelectronic health care transactions as well as to
the following groups of health care entities: healthmaintain the security and privacy of individually
plans, public and private payers, health careidentifiable health information. It helps to promote
insurers, HMOs, Medicare, Medicaid, group healththe modernization of health information systems.
plans, health care clearinghouses, any entity thatBecoming HIPAA-compliant is a challenging task
facilitates the processing of non-standardbecause of extensive cross-departmental
formatted health information and must convertcompliance and training requirements but it is an
the non-standard data into standard transactions,ongoing administration, privacy and security
or vice versa, Health Care Providers, providerschallenge that must be constantly addressed.
who transmit health information electronically,Mansi gupta recommends that you visit HIPAA
providers who receive individual health information,legislation for more information.