HIPAA Overview
The Health Insurance Portability and Accountability Act (HIPAA)
was created to satisfy three objectives:
- To
provide for continued coverage of benefits between employment
gaps (Portability),
- To
reduce healthcare fraud (Accountability), and
- To
reduce the cost of the administration of the healthcare industry
(Administrative Simplification).
Administrative Simplification
began as President George Bush, Sr. assembled a group of
healthcare industry leaders to discuss the reduction of healthcare
administration costs; increased electronic data interchange (EDI)
was the overwhelming answer. Faced with resistance in Congress,
the Act only passed with extensive industry support.
The Department of Health and Human Services (DHHS) defines the
purposes of the Administrative Simplification rule thusly:
-
To protect and enhance the rights
of consumers by providing them access to their health
information and controlling the inappropriate use of that
information;
-
To improve the quality of
healthcare in the U.S. by restoring trust in the healthcare
system among consumers, healthcare professionals, and the
multitude of organizations and individuals committed to the
delivery of care; and
-
Improve the efficiency and
effectiveness of healthcare delivery by creating a national
framework for health privacy protection that builds on efforts
by states, health systems, and individual organizations and
individuals.
[65 Fed. Reg. 82463 (December 28, 2000)]
Three
Major Elements of Administrative Simplification
The Standards for Electronic Transactions and Code Sets
The cost of administration in the healthcare industry is very
high. Providers, insurers, health plans, and others have utilized
many different electronic data formats and transmission
requirements. This complex web of data interchange has resulted in
delays, confusing rejections, bureaucratic authorization
processes, and low levels of remittance. The creation of national
conformance standards covering the most routine electronic
transmissions has the potential of reducing the resources –
financial, time, and human – necessary to do business in the
healthcare industry, as well as enhance the effectiveness of the
intended transactions. The Standards for Electronic Transactions
regulation has established mandatory transaction and coding
requirements for defined electronic transactions. Providers are
able to submit standard transactions to health plans and payers
that have to accept them. Hence, electronic data interchange
enables healthcare facilities to pursue the most effective and
efficient use of modern information technology in the
administration of their organizations.
Congress also recognized the power of modern information
technology. Continually advancing technology enables the
collection and aggregation of large quantities of data in any
desired format or structure; subjects these data to endless
permutations of sorting, filtering, and analysis; and the
instantaneously widely distributes the raw data or analysis
results – all without significant human thought. Hence, the need
to protect the privacy and security of patient health information
is unquestionable.
The Security and Electronic Signature Standard (“Security”)
and the Privacy of Individually Identifiable Health Information
Standard (“Privacy”) comprise a team of regulations intended
to protect patient health information. Privacy defines the
permissible means of access, use, and disclosure of the applicable
patient information, while Security governs the operational,
physical, and technical mechanisms necessary to protect this
information.
Standards for Privacy of Individually Identifiable
Health Information
The Privacy rule is intended to prevent the unreasonable offense
against patient’s interest in restricting unnecessary knowledge or
dissemination of personal information provided or accumulated to
assist in their diagnosis or treatment. The specific requirements
restrict access, use, or disclosure of personal patient
information to those legitimately involved in the patient’s
treatment, the healthcare facility’s required operations, and
billing for the treatment.
Security and Electronic Signature Standards
The Security rule is intended to ensure that organizations that
hold personal patient information provide operational, physical,
and technical protections to support privacy restrictions. That
is, the organization must create a comprehensive system of
operational, physical, and technical protections to prevent
unintended access, use, and disclosure of protected information.
Security refers to protections at three levels:
-
Confidentiality – Protection of
entrusted information from unauthorized use, access, or
disclosure;
-
Integrity – Preservation of the
specific nature, character, and content of the information; and
-
Availability – Ability to access,
use, or disclose information as intended in an effective and
efficient time, place, and manner.
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