Resources for Health Insurance Portability and Accountability Act (HIPAA)

Can We Keep PHI Private?

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HIPAA is a set of legal rules and regulations that addresses storage, transmission and use of PHI. HIPAA affects virtually all entities in the healthcare field, as well as many in other industries with relationships to healthcare. It defines those who must comply and specifically what must be done to achieve compliance within the rules and regulations it sets forth.

In the 2004 book, "The Practical Guide to HIPAA Privacy and Security Compliance," authors note penalties for noncompliance with HIPAA regulations can range from fines for civil offenses starting at $100 to severe criminal penalties that may include steep fines and incarceration.

A breach of patient privacy and confidentiality in this age of rapidly advancing communication technology can be difficult to trace. Legislators want to hold individuals accountable for controlling the use of PHI to prevent an infringement. HIPAA legislation is meant to be a minimum standard and may be pre-empted by more stringent state laws.

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