Who Is Responsible for Enforcing HIPAA?

The Health Insurance Portability and Accountability Act Privacy Rule, commonly referred to as HIPAA, is a federal law designed to protect health information privacy. According to its website, the U.S. Department of Health and Human Services' Office for Civil Rights is in charge of enforcing the HIPAA Privacy Rule.

Types of Health Information Protected

• The enforcement the HIPAA Privacy Rule helps to safeguard physical and mental health information that can be linked to a specific individual. Medical information that cannot be used to identify an individual is not covered under the privacy rule.

Those Who Follow HIPAA Privacy Rule Guidelines

• Not everyone who may have access to health care information is legally bound by HIPAA Privacy Rule Guidelines. According to the U.S. Department of Health and Human Services, the types of health insurers and health care providers who may be bound by the guidelines include: doctors, nurses, hospitals, nursing homes and pharmacies, among others.

The Enforcement of the HIPAA Privacy Rule

• The U.S. Department of Health and Human Services' Office for Civil Rights performs compliance reviews in order to help insure that health care information is kept confidential. When complaints are filed, the OCR is responsible for investigating the matter.

Criminal Violations of the Privacy Rule

• According to its website, if there is evidence of criminal misconduct, the U.S. Department of Health and Human Services' Office for Civil Rights may direct the complaint to the Department of Justice.

Filing a Complaint

• According to the U.S. Department of Health and Human Services' Office for Civil Rights, an individual who believes that her health information privacy has been violated has the right to file a complaint. It is recommended that the complaint be filed within 180 days of the believed violation.