HIPAA legislation guide

The Health Insurance Portability and Accountabilityproviders who receive individual health information,
Act or HIPAA, which was enacted by the USand providers who electronically maintain health
Congress in 1996, has introduced to sweepinginformation used in electronic transmissions
changes in health care administration andbetween entities.
information systems. HIPAA is a federal law thatNon-compliance with HIPAA regulations may cause
has been amended to the Internal Revenue Codedisruptions in an organization's day-to-day business
of 1986 which intends to improve portability andprocesses, resulting in both tangible and intangible
continuity of health insurance; combat waste,costs. The most serious implications of HIPAA
fraud and abuse in health insurance and healthnon-compliance for health care organizations
care delivery; promote the use of medical savingsinclude the inability to effectively conduct
accounts and improve access to long-term healthelectronic business and the potential of losing
care services and coverage; and simplify thesignificant segments of business. The government
administration of health insurance.also imposes some sanctions on those who fail to
HIPAA is designed to standardize the way allcomply with the regulations of HIPAA. The
health care organizations electronically exchangepenalty for failure to comply with regulations goes
sensitive patient data and to protect patientsup to $100 per violation per person up to a
from unauthorized disclosure of their medicalmaximum of $25,000 per year. Penalty for
records (whether paper or electronic). Underknowingly and wrongfully disclosing individually
HIPAA, there are specific standards that all healthidentifiable health information is up to $50,000 per
care organizations are required to adhere to.violation or one year imprisonment or both for
These standards include an Administrativesimple offense; up to $100,000 per violation or
Simplification Title that is aimed at preventingfive years imprisonment or both if the offense is
health care fraud and abuse. Within this title, there"under false pretenses"; and up to $250,000 or
are several laws and proposed standards includingten years imprisonment or both if committed with
Electronic Health Transactions Standards, Privacyintent to sell, transfer or use for commercial
& Confidentiality Standards, Unique Healthadvantage, personal gain or malicious harm.
Identifiers, and Security & Electronic SignatureThus, the ultimate objective of HIPAA is to
Standards.increase the efficiency and effectiveness of health
These HIPAA laws and standards directly apply toinformation systems through improvements in
the following groups of health care entities: healthelectronic health care transactions as well as to
plans, public and private payers, health caremaintain the security and privacy of individually
insurers, HMOs, Medicare, Medicaid, group healthidentifiable health information. It helps to promote
plans, health care clearinghouses, any entity thatthe modernization of health information systems.
facilitates the processing of non-standardBecoming HIPAA-compliant is a challenging task
formatted health information and must convertbecause of extensive cross-departmental
the non-standard data into standard transactions,compliance and training requirements but it is an
or vice versa, Health Care Providers, providersongoing administration, privacy and security
who transmit health information electronically,challenge that must be constantly addressed.