
The Health Insurance
Portability and Accountability Act of 1996 was a sweeping piece of healthcare
legislation that touched on transferability of health insurance, electronic
health care transactions and information security.
The most famous provisions of
the legislation involve the protection of the privacy of health insurance
information. Under the act, the Department of Health and Human Services
published what are commonly known as the HIPAA “privacy” and “security” rules.
The former establishes nationwide standards for protection of confidential
healthcare information. The latter established nationwide standards for
security of electronic health care data.
Under HIPAA, “covered
entities” (including most healthcare providers, hospitals and health insurance
companies) may not disclose health records without the consent of the patient.
Covered entities must also take affirmative steps to protect the privacy of the
patient and to ensure compliance by their workforces.