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HIPAA
The US law protecting the privacy and security of health information.
What it means
HIPAA is the Health Insurance Portability and Accountability Act, a US law with rules for protected health information. The main ones are the Privacy Rule, the Security Rule and the Breach Notification Rule. They apply to covered entities, such as providers and health plans, and to business associates that handle data for them.
If your software stores or processes health data for a US healthcare customer, you are probably a business associate. That means a signed agreement with the customer and a direct legal duty to protect the data, even though you are not a clinic.
Why it matters
Customers in healthcare will ask about HIPAA before they sign. A weak answer ends the deal. A breach of protected health information also triggers notification duties and can bring penalties from the US Department of Health and Human Services. Hospitals and clinics also review their suppliers each year.
The Security Rule requires a risk analysis and safeguards for electronic health data. It does not name penetration testing as a required step, but testing is a practical way to show that your access control and risk analysis hold up against a real attempt.
How it shows up
You meet it in patient portals, scheduling tools, billing systems and any API that carries records. The typical failures are plain ones: a patient ID in a URL that returns another patient's file, a staff account that can open records outside its clinic, logs that capture health details, or a missing audit log.
Check who can read what, whether data is encrypted in storage and in transit, how access is logged, and whether staff accounts can reach only the records they should. The IDOR class of flaw is the one that turns a single record request into someone else's health file.
Questions people ask
HIPAA, answered
Is HIPAA compliance the same as being HIPAA certified?
There is no official HIPAA certification from the US government. Vendors who say they are certified are describing an assessment or a third-party report.
Compliance means meeting the rules and being able to show it.
Does HIPAA require a penetration test?
The Security Rule requires a risk analysis and periodic evaluation, but it does not name penetration testing as a required activity.
Many covered entities and business associates use testing as evidence that their safeguards work.
What counts as protected health information?
Health information that identifies a person, or could reasonably identify them, and that a covered entity or business associate holds. That includes names, record numbers and dates tied to care.
Electronic versions fall under the Security Rule.
Do we need a business associate agreement?
Yes, if you create, receive, maintain or transmit protected health information for a covered entity. The agreement sets out how you will protect the data and report incidents.
Many healthcare buyers will not proceed without one.
How fast must a breach be reported?
Under the Breach Notification Rule, affected individuals must be told without unreasonable delay and no later than 60 days after discovery. Business associates must tell the covered entity.
Larger breaches also go to the Department of Health and Human Services and, in some cases, the media.
Related
Terms that sit next to this one
PII
Any data that points at a specific human being.
Data breach
Information you hold ends up somewhere it should not be.
Breach notification
Telling regulators and affected people about a data breach within a set time.
PCI DSS
The security standard for any business that handles payment card data.
SOC 2
An audit report on how well a service provider protects customer data.
Can one patient read another's file?
We check what each signed-in account can reach that it should not, such as one patient or clinic reading another's records, and every finding carries the request and the response. Ask us to run it on one of your applications.
Or start with a $199 pilot on one application: thirty days, success criteria agreed before day one, credited against the annual if you convert.