HIPAA: Its Confidentiality Protections (And Limits)

In the wake of the Supreme Court decision in Dobbs v. Jackson Women's Health Organization, here is a reminder about the protections available for privacy and the confidentiality of health-related information under current law. This bulletin will discuss the Health Insurance Portability and Accountability Act (HIPAA).

First off, it is important to understand that HIPAA, composed of a Privacy Rule, Security Rule, and Data Breach Rule, regulates the use of patient information in the provision of health care in the United States. It only applies to "protected health information" (PHI) that is generated by a "covered entity" — health care provider, payer, or clearing house — in the provision of health care treatment, payment, or operations to a patient. Any other information, even if health related, does not get the protections of HIPAA.