The Health Insurance Portability and Accountability Act of 1996, known as HIPAA, is a federal law establishing national standards for protecting sensitive patient health information. It ensures the privacy and security of medical data and impacts how health information is handled across the United States.
HIPAA also addresses the continuity of health insurance coverage for individuals who change or lose jobs. It standardizes electronic health transactions, aiming to improve efficiency and combat fraud and abuse within the healthcare system.
Understanding HIPAA’s Core Purpose
HIPAA’s Privacy Rule primarily regulates specific entities known as “covered entities.” These include health plans, healthcare clearinghouses, and healthcare providers who electronically transmit health information for certain transactions.
The law also extends to “business associates,” organizations performing services involving protected health information (PHI) on behalf of a covered entity. Examples include claims processing, data analysis, and billing. PHI encompasses any individually identifiable health information held or transmitted by covered entities or their business associates. This includes demographic data, medical histories, test results, and insurance details linked to an individual.
HIPAA and Your Personal Health Journal
A personal health journal, maintained by an individual for their own reference, is generally not subject to HIPAA regulations. This applies whether the journal is handwritten, kept on a personal computer, or stored in a consumer-facing health application. HIPAA’s protections apply primarily to health information created, received, maintained, or transmitted by a “covered entity” or its “business associate.”
If you record symptoms, diet, or exercise in a private notebook or a health app not affiliated with a healthcare provider, that data typically falls outside HIPAA’s direct purview. This means the same health information might be protected under HIPAA when held by a doctor’s office but not when solely in your personal possession. Data from wearable devices or many health and fitness apps are generally not considered PHI under HIPAA.
Protecting Your Health Information Beyond HIPAA
Even when HIPAA does not directly apply to your personal health information, protecting this sensitive data remains important. Consumer-facing health apps and online platforms may collect and share your information for purposes like targeted advertising. Some apps have been found to share user data with social media companies.
To safeguard your personal health data, use strong, unique passwords for all health-related apps and accounts. Be cautious about information shared online or with third-party applications, and always review app privacy policies before inputting personal health details. While HIPAA may not apply, certain state privacy or consumer protection laws may offer some protection for data not covered by federal health privacy regulations.
HIPAA’s Role in Healthcare Records
In contrast to personal journals, medical records maintained by healthcare providers are fully covered by HIPAA. Information within a patient’s official medical record, such as that held by a doctor’s office, hospital, or health plan, constitutes Protected Health Information (PHI). This PHI is subject to HIPAA’s privacy and security rules.
Patients have specific rights regarding these official medical records under HIPAA. These rights include accessing and obtaining copies of their health information, requesting amendments to correct inaccurate or incomplete data, and receiving a notice of privacy practices from their healthcare providers. Patients can also request restrictions on how their PHI is used or disclosed in certain circumstances.