In today’s healthcare landscape, ensuring the security of Protected Health Information (PHI) is not just important — it’s mandatory. However, organizations often face confusion when navigating the different frameworks and standards designed to protect this data. Two key players in healthcare information security are HIPAA (Health Insurance Portability and Accountability Act) and HITRUST. Though both aim to safeguard health information, they differ significantly in terms of structure, scope, and implementation.
In this post, we’ll break down the differences between HIPAA and HITRUST to help you better understand how each framework functions and why they are essential for healthcare organizations.
Understanding HIPAA and HITRUST
What is HIPAA?
HIPAA is a federal law enacted in 1996 that sets national standards for the protection of Protected Health Information (PHI). It applies to covered entities, including healthcare providers, health plans, and healthcare clearinghouses, as well as business associates — third-party vendors that handle PHI on behalf of a covered entity.
HIPAA establishes strict guidelines for the privacy and security of PHI, requiring organizations to implement safeguards to protect the confidentiality, integrity, and availability of patient data. Non-compliance with HIPAA can lead to significant financial penalties and legal actions, enforced by the U.S. Department of Health and Human Services (HHS) and state Attorneys General.
One key component of HIPAA is the Business Associate Agreement (BAA), which requires business associates — such as IT service providers or cloud storage vendors that handle PHI — to follow the same privacy and security rules as the covered entities they serve.
What is HITRUST?
HITRUST is not a law or regulation but a certifiable security framework designed to help organizations manage information security risks while ensuring compliance with various regulatory and industry standards, including HIPAA, ISO 27001, NIST, and GDPR. The HITRUST Common Security Framework (CSF) provides a comprehensive, flexible, and efficient approach to regulatory compliance and risk management.
While HIPAA compliance is mandatory, obtaining HITRUST certification is voluntary. However, HITRUST has become widely recognized in the healthcare industry as a gold standard for data protection, offering a more thorough evaluation of an organization’s security posture compared to HIPAA alone.
Evaluating Compliance with HIPAA and HITRUST
HIPAA Compliance Evaluation
Organizations subject to HIPAA must regularly assess their compliance with the law’s privacy and security rules. A critical component of this process is conducting regular Security Risk Analyses and implementing Risk Management Plans to identify and address potential vulnerabilities in the protection of PHI.
When organizations are found to be in violation of HIPAA regulations — whether through an audit or a data breach investigation — HHS can impose fines ranging from $100 to $50,000 per violation, depending on the severity and whether the violation was corrected promptly.
HITRUST Compliance Evaluation
In contrast, HITRUST requires organizations to undergo a comprehensive certification process. This process involves a detailed assessment of the organization’s security controls, conducted by an independent, HITRUST-approved assessor. The assessor evaluates the organization’s alignment with the HITRUST CSF controls, and if the organization meets the necessary requirements, the results are submitted to HITRUST for review and potential certification.
HITRUST certification is more rigorous than HIPAA compliance, as it covers a broader set of standards and requires continual maintenance of security practices to remain compliant.
Reporting on Compliance with HIPAA and HITRUST
HIPAA Assurance
Under HIPAA, organizations can demonstrate compliance through various methods, primarily:
- Business Associate Agreements (BAAs): Legally binding agreements that require third-party vendors to follow HIPAA standards when handling PHI on behalf of a covered entity.
- Security Risk Analyses and Risk Management Plans: Regular assessments and plans to identify and address potential vulnerabilities in the protection of PHI.
- Assessment Reports: Organizations may undergo internal or third-party assessments to document their compliance with HIPAA requirements.
While these methods demonstrate compliance, they do not offer the formal certification provided by HITRUST.
HITRUST Assurance
With HITRUST, assurance is gained through a Validated Assessment Report, issued after a rigorous, third-party audit of the organization’s security practices. Once the assessment is complete and submitted to HITRUST, the organization may receive certification, demonstrating that its security controls meet the comprehensive requirements of the HITRUST CSF.
Why Should Your Organization Consider HIPAA Compliance Assessments?
Though there is no formal HIPAA certification, organizations can benefit from regular HIPAA compliance assessments. Here are a few reasons why:
- Reduce Legal and Regulatory Risks: Proactively identifying and addressing compliance gaps can help organizations avoid costly fines and investigations from HHS or state Attorneys General.
- Demonstrate Ethical Responsibility: By conducting assessments, organizations show their commitment to protecting the sensitive data of patients, thereby enhancing trust and ethical responsibility in the healthcare community.
Why Should Your Organization Consider HITRUST Certification?
For organizations that handle PHI and other sensitive information, achieving HITRUST certification offers several strategic advantages:
- Enhanced Security and Data Protection: HITRUST goes beyond the minimum requirements of HIPAA, helping organizations implement robust security practices that significantly reduce the risk of data breaches and other cyber threats.
- Industry Credibility and Trust: By obtaining HITRUST certification, organizations demonstrate their dedication to protecting sensitive information, thereby building stronger relationships with clients, patients, and partners.
- Meeting Stakeholder and Partner Requirements: Many healthcare organizations and vendors now require their business associates to be HITRUST certified, making certification essential for maintaining and expanding business partnerships.
Getting Started with HIPAA and HITRUST
Whether your organization is new to healthcare information security or looking to strengthen its existing framework, navigating HIPAA and HITRUST can be complex. It’s important to assess your specific needs and determine which framework or combination of frameworks is right for you.
HITRUST can serve as a unifying framework, allowing organizations to meet HIPAA’s requirements while also ensuring broader compliance across multiple industry standards. Start by conducting a readiness assessment to identify any security gaps and evaluate whether HITRUST certification is the right fit for your organization.
For Expert Guidance
For expert guidance on your HIPAA and HITRUST compliance journey, don’t hesitate to contact Praveen Kumar at Finstein. We’re here to provide affordable and professional assistance tailored to your organization’s needs.
Contact Information:
Praveen Kumar
Email: Praveen@Finstein.ai
Phone: +91 99400 16037
