HIPAA
Healthcare Professionals: Are You Working On HIPAA Compliance?
HHS Video Broadcast on 6/18/02
OFT Video Broadcast on 8/16/02
What is HIPAA?
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) enacts sweeping changes in how the healthcare professions handle the administrative details of their practices, and contains a broad and stringent framework for the privacy and confidentiality of personally identifiable health information. This federal statute was enacted as Public Law 104-191. You can find the text of PL 104-191 at the Department of Health and Human Services (HHS) Web site, www.aspe.hhs.gov/admnsimp/pl104191.htm.
What issues are addressed by HIPAA?
The Administrative Simplification provisions of HIPAA (Title II of the Act) require HHS to establish national standards for electronic health care transactions and national identifiers for providers, health plans, and employers. Covered entities must comply with the technical standards and data sets adopted by HHS. HIPAA also addresses the security and privacy of health data, and establishes stringent procedures that covered persons and entities must follow in obtaining and disclosing personally identifiable health information.
Where can I find more information about HIPAA?
- HHS's Web site has a great deal of information about, and the text of, the regulations implementing HIPAA (www.aspe.hhs.gov/admnsimp/Index.htm), including Frequently Asked Questions (FAQ's).
- Another good governmental source of information is the HIPAA Web page maintained by the HHS Centers for Medicare and Medicaid Services (CMS, formerly called the Health Care Financing Administration or HCFA), at www.cms.hhs.gov/hipaa (click on the "Administrative Simplification" link).
- HHS's Office of Civil Rights (OCR) implements the HIPAA privacy regulations, and guidance on the privacy requirements may be found on OCR's Web page, www.hhs.gov/ocr/hipaa.
- The New York State Office for Technology (OFT) also has a great deal of information on its Web site (www.oft.state.ny.us/hipaa/index.htm).
Am I covered by HIPAA?
HIPAA applies to health care providers, health plans and health information clearing houses, as those terms are defined in HIPAA's regulations, which perform certain "covered transactions" electronically. All potentially covered persons or entities are responsible for determining whether they are covered by HIPAA and, if so, what they must do to comply with HIPAA's requirements. The federal Web sites listed above will provide a great deal of assistance, and health care professionals may also consult their respective professional organizations for information about how their particular profession is addressing HIPAA. Health care professionals should also seek advice from their attorneys. Licensed professionals who provide healthcare, or their employing organizations, are probably covered by HIPAA if they conduct business transactions electronically, so each professional should take prompt steps to determine her or his coverage status and implement a compliance plan or seek an extension for compliance.
Can SED answer my questions about HIPAA?
No. This is a federal statute, which is implemented and enforced by HHS. SED is not authorized to interpret HIPAA questions for you and cannot give you legal advice regarding HIPAA. We are providing this information solely to alert you to this federal mandate and to direct you to resources that you might find helpful.
What is the required compliance date?
For most covered entities, compliance with some portions of the HIPAA regulations issued by HHS (principally the technical standards and standardized codes and data sets portions) is required by October 16, 2002, unless the covered entity files a request for a one-year extension and a compliance plan. To obtain the extension extending the date for compliance with the transactions and code/data sets standards until October 16, 2003, a covered entity must file an application for extension and a compliance plan by October 15, 2002. A copy of a model compliance plan and information about filing for the extension is available at www.cms.hhs.gov/hipaa/hipaa2/ASCAForm.asp. The CMS site also has FAQ's about the extension and compliance plan to assist you. HHS is also presenting a videocast program on June 18, 2002 to give information about filing for an extension (see below).
Compliance with other provisions (principally the privacy/confidentiality provisions) is required by April 14, 2003. There is currently no extension of that date, although there is a proposed amendment to the privacy regulation still pending before HHS. There will also be detailed security regulations issued by HHS in the future, addressing both electronic security and physical security of health information.
What is the HHS video broadcast?
HHS will be broadcasting a program on June 18, 2002 from 2:00 - 3:30 p.m., entitled "Meeting the HIPAA Challenge: Implementing HIPAA Standards and the Administrative Simplification Compliance Act." Information about the broadcast is found at www.hcfa.gov/medlearn/broadcst.htm. The program will be simultaneously Webcast, and will also be available via the Web for the next 90 days. Information about viewing the program may be found at the listed Web site, and the registration link has information about any available live broadcast locations in your area to watch the June 18 broadcast. The program will address applying for an extension, developing an implementation plan for the extended compliance date, and updates on HIPAA.
HHS also presented a videocast program on January 22, 2002 entitled "An Introduction to the HIPAA Administrative Simplification Regulations."
Will there be future broadcasts?
There has been no announcement from HHS regarding future broadcasts. However, the New York State Office for Technology, in conjunction with other State agencies, will be broadcasting a live program on August 16, 2002. This program will be aimed at the individual staff members in covered offices, to address how they will have to change their work habits to comply with HIPAA's requirements. There will be additional information about the August 16th program on this Web site, and/or on OFT's HIPAA Web site (www.oft.state.ny.us/hipaa/index.htm).
