What is HIPAA? What You Need to Know About Your Healthcare Information

What is HIPAA? A Simple Explanation to Your Rights in Your Health Information

HIPAA (pronounced “hip-ah”) stands for the Health Insurance Portability and Accountability Act. It’s a U.S. federal law that was passed in 1996 to protect patient health information and ensure it’s handled with care.1U.S. Code of Federal Regulations, Title 45, Sec. 164.508 If you’ve ever signed a privacy form at a doctor’s office, you’ve seen HIPAA in action.

Here’s what you really need to know about HIPAA and your rights to your health information.

What does HIPAA do?

HIPAA protects your health information. That means your medical records, test results, bills, and even conversations between you and your doctor must be kept private and secure.

It also gives you rights over your health information. You can:

  • Ask to see or get a copy of your medical records
  • Request corrections if something is wrong (see below)
  • Know who your information has been shared with
  • Say how and where your providers can contact you (like by phone or email)

Who must follow HIPAA?

Anyone who has access to your protected health information (PHI) as part of their job is required to keep it confidential.

HIPAA rules apply to:

  • Doctors, nurses, hospitals, clinics, and other healthcare providers
  • Health insurance companies
  • Billing companies and health IT providers
  • Anyone who helps handle health info, like transcription or storage services

What is protected health information (PHI)?

PHI includes any information that can identify you and relates to your health. That might be:

  • Your name, address, or birth date
  • Your medical diagnoses or treatments
  • Your health insurance details
  • Conversations between you and your healthcare provider

Basically, if it’s health-related and tied to you as a person, it’s protected.

When can health info be shared?

Healthcare providers can share your information only in certain cases, such as:

  • To coordinate your care (like between doctors)
  • To bill your insurance
  • To meet public health requirements (like reporting infectious diseases)
  • If required by law (like in a court order)

Outside of these situations, your information can’t be shared without your written permission.

What happens if HIPAA is violated?

Violations of HIPAA can lead to serious consequences, including:

  • Fines (sometimes in the millions)
  • Lawsuits
  • Loss of professional licenses

That’s why most healthcare providers take HIPAA training and follow strict protocols.

If you feel your rights have been violated, get help from a lawyer.

Do health related apps and websites have an obligation to maintain the confidentiality of my health information?

Not necessarily. Health trackers and other health related apps are not covered by HIPAA, unless it involves a health provider such as a doctor or mental health counselor.

Do I have the right to obtain my medical records?

Yes.2U.S. Code of Federal Regulations, Title 45, Sec. 164.524 Under federal law, you have the right to obtain a copy of your medical records from your health care provider within 30 days of requesting it.

Exceptions include:

  • Psychotherapy records
  • Information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding

Do I have the right to correct mistakes in my records?

Not exactly. You can request that the healthcare provider which created the information amends it, and the provider must do so if they agree that the information is inaccurate or incomplete. However, if the provider does not agree to your request, they may not need to amend the record.

That said, you have the right to submit a statement of disagreement that the provider must add to your record.3U.S. Code of Fed Regs, Title 45, Sec. 164.526; Health Insurance Portability and Accountability Act of 1996

Further Resources

Guide to Laws about Health and Healthcare

Guide to Privacy Laws

Get Legal Help

HHS.gov on HIPAA


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Author

  • Tristan Blaine is the founder of Law Soup Media, and has been a licensed attorney since 2013.

    About Tristan
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