Transferring medical information electronically has obvious advantages, but every solution creates new problems. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) spells out how users of electronic devices for communicating medical records must maintain strict patient privacy. At the time it was written, HIPAA had few teeth.
Introducing HITECH
In 2009, the Health Information Technology for Economic and Clinical Health (HITECH) Act was enacted, serving as a powerful ally to HIPAA. HITECH not only requires the Department of Health and Human Services (HHS) to regularly monitor entities sending medical information electronically, but it also significantly raises the penalties for non-compliance.
This act extends liability to businesses dealing with such entities, ensuring that everyone involved in healthcare data management is held accountable. It also prohibits the use of genetic information for insurance rates and disallows the use of health information for fundraising, marketing, or sales, further safeguarding patient privacy.
It also spells out several goals, with ultimately having secure and universally compatible electronic health records that can “talk to each other” to reduce redundancy and waste in the healthcare system.
HIPAA vs. HITECH: Key Differences
HIPAA (Health Insurance Portability and Accountability Act of 1996)
- Privacy Rule: Establishes national standards to protect individuals’ medical records and other personal health information.
- Security Rule: This rule requires appropriate administrative, physical, and technical safeguards to ensure the confidentiality, integrity, and security of electronic protected health information.
- Enforcement: Initially, HIPAA had limited enforcement capabilities and penalties.
HITECH (Health Information Technology for Economic and Clinical Health Act of 2009)
- Enhanced Enforcement: Strengthens the enforcement of HIPAA by increasing penalties for non-compliance.
- Mandatory Audits: This requires HHS to regularly audit covered entities and business associates.
- Extended Liability: Extends liability to business associates of HIPAA-covered entities.
- Genetic Information: Prohibits the use of genetic information for insurance underwriting purposes.
- Restrictions on Use: Limits the use of health information for fundraising, marketing, and sales.
- Interoperability: Promotes the adoption of interoperable electronic health records to enhance healthcare efficiency and reduce waste.
HIPAA vs. HITECH: Final Thoughts
While HIPAA laid the groundwork for privacy and security standards in healthcare, it was HITECH that took these regulations to the next level. By enhancing enforcement, increasing penalties, and expanding the scope of covered entities, HITECH significantly bolstered the effectiveness of HIPAA. Together, these regulations ensure the confidentiality, integrity, and security of electronic health information, promising a future of more efficient and secure healthcare communication.
Did you know? QuickMD ensures compliance with HIPAA and HITECH regulations, providing secure and private telemedicine services. Connect with a healthcare provider today for a safe and confidential consultation.
