Privacy

The Health Insurance Portability and Accountability Act (HIPAA) is a United States federal law enacted in 1996 and enforced by the Department of Health and Human Services (HHS) Office for Civil Rights (OCR). HIPAA is not a voluntary standard or certification — it is mandatory US law with civil and criminal penalties for non-compliance (fines up to $1.5M per violation category per year, and criminal penalties including imprisonment). HIPAA applies to covered entities (health plans, healthcare clearinghouses, and healthcare providers who transmit health information electronically) and their business associates (any entity that creates, receives, maintains, or transmits Protected Health Information — PHI — on behalf of a covered entity). The law’s security requirements are defined primarily in two rules: the Privacy Rule (what PHI can be used and disclosed) and the Security Rule (administrative, physical, and technical safeguards required to protect electronic PHI — ePHI). Key technical requirements include access controls, audit controls, integrity controls, transmission security (encryption), and contingency planning. Unlike prescriptive standards (like CIS or DISA STIG), HIPAA’s Security Rule is flexible and scalable — it defines required outcomes but allows organizations to determine the specific technologies used. The Breach Notification Rule requires reporting unauthorized disclosures to HHS and affected individuals within 60 days. HIPAA has no “certification” — compliance is demonstrated through documented risk assessments, policies, and technical controls.