United States. Health data. Act

HIPAA (statute)Health Insurance Portability and Accountability Act of 1996 (Pub. L. 104-191)

In force
Partly verifiedMedium confidence. Source read: first 100,000 characters of Wikipedia. The in-force date used here is the signing date; it is not confirmed whether Title II took effect then. Civil tier penalty amounts in the source look outdated, so none are given. In force date: the Act (read in the Statutes at Large PDF on congress.gov) has no general effective-date clause for Title II, subtitle F (Administrative Simplification), so the enactment date is used. Compliance is required 24 months after each HHS standard is adopted (36 months for small health plans), which is why the Privacy Rule applied from 14 Apr 2003. LII (42 U.S.C. 1320d) has no effective-date note for Pub. L. 104-191.

§1Summary

Synopsis

The statute that required HHS to set national standards for electronic health care transactions and identifiers (Title II, Administrative Simplification). HHS issued Privacy, Transactions and Code Sets, Security, Unique Identifiers and Enforcement rules under it.

Key themes
  • health information
  • administrative simplification
  • covered entities
  • HHS rules
Unique features

The enabling statute; the operative privacy obligations are in the HHS rules recorded separately.

SaaS relevance

SaaS vendors handling protected health information act as business associates under the rules.

§2Obligations

Breach notification
None
DPO
No
Cross-border transfers
None
Maximum penalty
Criminal: up to $250,000 and 10 years for offences with intent to sell or use for commercial advantage (per Wikipedia)

§3Dates

Key dates
  • Adopted
  • In force
  • Pub. L. 104-191 signed 21 Aug 1996. Title II (Administrative Simplification) led to HHS rules: Privacy Rule (effective 14 Apr 2003, see us-hipaa-privacy-rule), Security Rule, Enforcement Rule (effective 16 Mar 2006).

§4Text and authority

Text
Authority
HHS Office for Civil Rights

§5Where it applies

Domestic law of
United States
Also applies in

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. Source read: first 100,000 characters of Wikipedia. The in-force date used here is the signing date; it is not confirmed whether Title II took effect then. Civil tier penalty amounts in the source look outdated, so none are given. In force date: the Act (read in the Statutes at Large PDF on congress.gov) has no general effective-date clause for Title II, subtitle F (Administrative Simplification), so the enactment date is used. Compliance is required 24 months after each HHS standard is adopted (36 months for small health plans), which is why the Privacy Rule applied from 14 Apr 2003. LII (42 U.S.C. 1320d) has no effective-date note for Pub. L. 104-191.