The legal framework supporting health information privacy is primarily established by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) . HIPAA created national standards to protect sensitive patient health information from being disclosed and contains standards for individuals’ rights to understand and control how their health information is used. The Privacy Rule standards address the use and disclosure of individuals’ health information (known as protected health information or PHI) by entities subject to the Privacy Rule, which includes healthcare providers of all sizes. HIPAA created a baseline of privacy protection and overrides other privacy laws that are less protective, but it leaves in effect other laws that are more privacy-protective. Under this legal framework, health care providers and other implementers must continue to follow other applicable federal and state laws that require obtaining patients’ consent before disclosing their health information.
In addition to HIPAA, there are other laws and policies that support health information privacy, such as the Nationwide Privacy and Security Framework for Electronic Exchange of Individually Identifiable Health Information. The American Medical Association (AMA) has also developed a health data privacy framework that emphasizes the importance of placing the patient first and establishing transparency in how health information is being used.
Overall, the legal framework supporting health information privacy is complex and continually evolving, and it is important for healthcare providers and other implementers to seek expert advice when evaluating these resources.
