42 U.S.C. §§ 1320d-1320d-9; 45 CFR Parts 160, 162, 164

Health Insurance Portability and Accountability Act

Statute — United States Federal
Effective: August 21, 1996 16 platforms tracked 170 provisions indexed Enforced by: U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), State Attorneys General Last reviewed Apr 22, 2026

Overview

The Health Insurance Portability and Accountability Act establishes national standards for the protection of individually identifiable health information. The HIPAA Privacy Rule regulates the use and disclosure of protected health information (PHI) by covered entities, while the Security Rule sets standards for safeguarding electronic PHI.

For platform governance, HIPAA is relevant when technology platforms process, store, or transmit health data on behalf of covered entities. Platforms that serve as business associates — handling PHI under contract with healthcare providers or health plans — must comply with HIPAA requirements including breach notification, minimum necessary standards, and administrative safeguards.

The Breach Notification Rule requires covered entities to notify affected individuals within 60 days of discovering a breach of unsecured PHI. Breaches affecting 500+ individuals must be reported to HHS and local media. The HHS Office for Civil Rights maintains a public "Wall of Shame" listing all breaches affecting 500+ individuals. Enforcement has intensified significantly, with penalties reaching tens of millions of dollars for systemic violations.

Penalties

Four-tier penalty structure: Tier 1 (no knowledge): $100-$50,000 per violation. Tier 2 (reasonable cause): $1,000-$50,000. Tier 3 (willful neglect, corrected): $10,000-$50,000. Tier 4 (willful neglect, not corrected): $50,000 per violation. Annual cap of $1.5 million per identical violation category. Criminal penalties up to $250,000 and 10 years imprisonment.

Key Articles & Sections

Platforms We Track Subject to HIPAA

Recent Changes Related to HIPAA

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