45 lines
2.0 KiB
Org Mode
45 lines
2.0 KiB
Org Mode
:PROPERTIES:
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:ID: auto-hipaa
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:CREATED: [2026-05-23 Sat]
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:END:
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#+title: HIPAA (Health Insurance Portability and Accountability Act)
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#+filetags: :passepartout:compliance:framework:hipaa:
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* HIPAA (Health Insurance Portability and Accountability Act)
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** What it is
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US federal law enacted 1996. Governs how protected health information (PHI)
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is stored, transmitted, and accessed. Two relevant rules:
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- **Privacy Rule:** controls use and disclosure of PHI. Patients have rights
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to access, amend, and request accounting of disclosures. Minimum necessary
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standard — only the minimum PHI needed for the task may be used.
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- **Security Rule:** administrative, physical, and technical safeguards for
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electronic PHI (ePHI). Requires access controls, audit controls, integrity
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controls, person/entity authentication, and transmission security.
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** Who must comply
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Covered entities (health plans, healthcare clearinghouses, healthcare providers
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who transmit any ePHI) and business associates (any vendor handling PHI on behalf
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of a covered entity). Business Associate Agreements (BAAs) are mandatory.
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** Penalties
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Tiered civil penalties: $100-$50,000 per violation, up to $1.5M per year per
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violation category. Criminal penalties for knowing misuse (up to 10 years
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imprisonment). State AGs can also bring civil actions.
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** Why it matters for the triad
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HIPAA is the largest single compliance market in US healthcare — every hospital,
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clinic, insurer, and health-tech vendor must comply. The [[file:domain-gate-packages.org][HIPAA gate package]]
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($50K/yr) encodes the Privacy Rule and Security Rule as ACL2-verifiable gate
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constraints. Every PHI access attempt passes through the gate stack, producing
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a machine-checkable audit trail that satisfies the Security Rule's audit control
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requirement automatically. No separate logging infrastructure needed. Over a
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five-year deployment, the accumulated fact store and proof history create
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[[file:infrastructure-lock-in.org][infrastructure lock-in]] — switching to a competitor means discarding all of it.
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