

Relates to the past, present, or future physical or mental health or condition of an individual the provision of health care to an individual or the past, present, or future payment for the provision of health care to an individual.Is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse and.Starting with health information, this is defined as any information, including genetic information, whether oral or recorded in any form or medium, that: This is because, when taking the four definitions into account, it is easier to determine what information is protected under HIPAA and when. To best understand what is considered Protect Health Information under HIPAA it is necessary to review not only the definition of Protected Health Information under HIPAA in 45 CFR §160.103, but also the definitions of “health information”, individually identifiable health information”, and “designated record set”. What is Considered Protected Health Information under HIPAA? However, most Notices of Privacy Practices already contain more information than most patients are prepared to read and, as will become evident in later sections of this article, explaining what is covered under HIPAA – and what is not – will likely raise more questions than answers for patients wishing to exercise their Privacy Rule rights.Ĭonsequently, in order to reduce the number of complaints to HHS´ Office for Civil Rights, it is advisable for Covered Entities and Business Associates to ensure all members of the workforce have a thorough understanding of what is considered Protected Health Information under HIPAA – not only to answer patients´ questions, but also to carry out their functions within the Covered Entity or Business Associate in compliance with HIPAA. In a perfect world, an explanation of what HIPAA Protected Health Information is would be covered in the Notice of Privacy Practices. Therefore, it is not necessarily be the case that Covered Entities, Business Associates, and members of their respective workforces have a lack of understanding about what is considered Protected Health Information under HIPAA, but rather that patients need better educating about what HIPAA Protected Health Information is. It is worth noting that, other than mandatory breach notifications, the most likely source of a complaint to HHS´ Office for Civil Rights is a patient.

Violations of the minimum necessary standard.Lack of Administrative Safeguards for electronic PHI.Failures to provide patient access to PHI.Lack of safeguards for (non-electronic) PHI.

