As of September 2021, there are no latest updates from official sources such as the U.S. Department of Health and Human Services (HHS) or reputable legal websites, which ensures you have the most current information on any changes to HIPAA compliance regulations. HIPAA is a set of regulations enacted by the U.S. Congress to safeguard the privacy, security, and integrity of protected health information (PHI). As the healthcare industry evolves and faces new challenges, HIPAA compliance regulations have also seen updates and changes to address emerging issues and ensure continued efficacy in protecting patients’ sensitive data.
Developments in HIPAA Compliance Regulations
As of September 2021, the following major developments have influenced HIPAA compliance.
In 2009, the enactment of the Health Information Technology for Economic and Clinical Health (HITECH) Act expanded HIPAA’s range to include business associates, holding them equally accountable for safeguarding PHI. Covered entities are now required to enter into business associate agreements (BAAs) with their vendors or contractors who have access to PHI, thereby ensuring that these third parties adhere to the same privacy and security standards. This development aimed to enhance the overall protection of PHI by extending HIPAA’s reach to all entities involved in handling patient data. The HITECH Act introduced breach notification requirements. Covered entities and business associates must report breaches of unsecured PHI to affected individuals, the HHS, and sometimes the media. The criteria for determining a reportable breach are based on a risk assessment that considers the probability of PHI being compromised. This breach notification rule creates transparency and accountability, enabling patients to take appropriate measures to protect themselves in the event of a breach.
The HIPAA Privacy Rule governs the use and disclosure of PHI by covered entities and their business associates. The U.S. Department of Health and Human Services (HHS) strengthened the HIPAA Privacy Rule by introducing modifications, known as the Omnibus Rule, in 2013. This update incorporated provisions from the Genetic Information Nondiscrimination Act (GINA) to explicitly prohibit the use of genetic information for underwriting purposes by health plans. The Omnibus Rule clarified that PHI disclosure is allowed in cases of law enforcement investigations, ensuring a balance between privacy protection and public safety.
In recent years, the healthcare industry has witnessed a shift towards the adoption of digital technologies, which has introduced new challenges for HIPAA compliance. The increased use of electronic health records (EHRs), mobile health applications, and cloud-based storage systems requires a robust approach to safeguarding PHI from potential cybersecurity threats. The HHS issued guidance on cybersecurity best practices to assist covered entities and business associates in strengthening their information security measures. Healthcare professionals must be well-versed in these guidelines to mitigate the risks of data breaches and cyberattacks. The emergence of social media platforms and the prevalence of online communications have raised concerns about the inadvertent disclosure of PHI. Healthcare professionals must exercise extreme caution when discussing patient cases or sharing images on social media platforms to avoid potential violations of HIPAA. HIPAA training and education on appropriate social media usage help to ensure compliance with HIPAA regulations.
The HHS has increased its enforcement of HIPAA compliance in recent years. The Office for Civil Rights (OCR) within the HHS is responsible for overseeing and enforcing these regulations. Audits, investigations, and HIPAA penalties for non-compliance have become more severe, emphasizing the importance of adhering to HIPAA requirements and conducting regular risk assessments to identify and address vulnerabilities. The introduction of the 21st Century Cures Act in 2016 brought about changes to HIPAA regulations concerning mental health information sharing. This update allowed certain covered entities to share PHI related to mental health treatment with family members and caregivers, recognizing the importance of their involvement in a patient’s care. Specific conditions and requirements must be met to ensure compliance with these provisions.
As the healthcare industry continues to evolve, healthcare professionals must remain vigilant about HIPAA compliance and stay informed about any updates or changes to the regulations. Regular training, risk assessments, and thorough implementation of privacy and security measures are necessary for safeguarding PHI and upholding patient trust. Collaboration between covered entities and business associates improves compliance throughout the healthcare system. By maintaining a high level of education and understanding the complexities of HIPAA regulations, healthcare providers can manage the challenges posed by the digital world while preserving the confidentiality and security of patient data.