{"id":13126,"date":"2018-08-30T12:14:01","date_gmt":"2018-08-30T16:14:01","guid":{"rendered":"https:\/\/healthit-gov.go-vip.net\/buzz-blog\/?p=13126"},"modified":"2025-09-03T06:09:52","modified_gmt":"2025-09-03T06:09:52","slug":"hipaa-health-information-portability-a-foundation-for-interoperability","status":"publish","type":"post","link":"https:\/\/healthit.gov\/blog\/insights-updates\/hipaa-health-information-portability-a-foundation-for-interoperability\/","title":{"rendered":"HIPAA & Health Information Portability: A Foundation for Interoperability"},"content":{"rendered":"\n

Twenty-two years ago this month, the U.S. Congress enacted the Health Insurance Portability and Accountability Act of 1996 (HIPAA)<\/a>. The federal Privacy, Security, and Breach Notification Rules<\/a> implemented under HIPAA, and administered and enforced by the HHS Office for Civil Rights (OCR), continue to serve as the national foundation of protections for individually identifiable health information, and of individuals\u2019 rights with respect to their information, including the right to see and obtain copies of their health information from their healthcare providers and health plans. In addition, HIPAA covered entities and their business associates continue to use the required HIPAA electronic transactions and code set standards<\/a> to exchange health information for essential administrative purposes, such as submitting insurance claims.<\/p>\n\n\n\n

As the Office of the National Coordinator for Health Information Technology (ONC) and OCR work toward achieving the individual access and interoperability promises of the 21st<\/sup> Century Cures Act (Cures Act)<\/a>, we reflect on the fact that the \u201cP\u201d in HIPAA stands for portability. While the portability provision in HIPAA refers to the portability of health insurance coverage for individuals and their families, today we want to talk about the \u201cP\u201d in HIPAA also signifying the secure portability \u2013 or the flow \u2013 of health information across the health ecosystem.<\/p>\n\n\n\n

HIPAA Supports Data Portability <\/strong><\/h2>\n\n\n\n

HIPAA recognizes the importance of providing individuals with portability of their data. With limited exceptions, the HIPAA Privacy Rule<\/a> provides individuals with a right, upon request, to see and receive copies<\/a> of information in their medical and other health records<\/a> (a \u201cdesignated record set\u201d) maintained by a HIPAA covered entity<\/a>, such as an individual\u2019s healthcare provider or health plan. At the direction of an individual or personal representative<\/a>, a covered entity must transmit health information about the individual directly to any person or designated entity within 30 days (with the possibility of one 30-day extension). Covered entities are strongly encouraged to provide individuals with access to their health information much sooner<\/a>, and to take advantage of technologies that enable individuals to have faster or even immediate access to the information.<\/p>\n\n\n\n

ONC and OCR recently began a campaign encouraging individuals to get, check, and use<\/a> copies of their health information and our two offices offer training for healthcare providers<\/a> about the HIPAA right of access. OCR and ONC have developed guidance to empower individuals to take more control of decisions regarding their health and well-being through easy access to their health information. These guidelines include access guidance<\/a> for professionals, HIPAA right of access training<\/a> for healthcare providers, and Get It. Check It. Use It<\/a>. resources for individuals.<\/p>\n\n\n\n

HIPAA also supports the sharing of health information among healthcare providers, health plans, and those operating on their behalf, for treatment, payment, and healthcare operations (TPO)<\/a> purposes, and provides avenues for transmitting health information to loved ones involved in an individual\u2019s care as well as for research, public health, and other important activities.<\/p>\n\n\n\n

Technology Facilitates Portability \u2013 Past, Present, & Future<\/strong><\/h2>\n\n\n\n

To further promote the portability of health information, we encourage the development, refinement, and use of health information technology (health IT) to provide healthcare providers, health plans, and individuals and their personal representatives the ability to more rapidly access<\/a>, exchange, and use health information electronically<\/p>\n\n\n\n

Now, more healthcare providers and health plans<\/a> are offering individuals electronic access to their health information. In addition, the Cures Act directs HHS to address information blocking<\/a> and promote the trusted exchange<\/a> of health information, which will further promote the portability of this information.<\/p>\n\n\n\n

HHS and its components like the Centers for Medicare & Medicaid Services (CMS) and the National Institutes for Health (NIH), along with the White House Office of American Innovation, are working to support the portability of health information and encourage the growth of a health ecosystem that encourages healthcare providers, health plans, and individuals to share health information electronically. <\/strong><\/p>\n\n\n\n