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Health Insurance Portability and Accountability Act

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Health Insurance Portability and Accountability Act
ShorttitleHealth Insurance Portability and Accountability Act
EnactedbyUnited States Congress
Citations104-191
SignedbyBill Clinton
SigneddateAugust 21, 1996

Health Insurance Portability and Accountability Act is a federal law that was enacted by the United States Congress and signed into law by Bill Clinton on August 21, 1996, with the goal of improving the portability and accountability of health insurance coverage for American workers and their families, as supported by Newt Gingrich and Ted Kennedy. The law was designed to address the issues of health insurance coverage for workers who lost or changed their jobs, and to prevent health insurance companies from discriminating against individuals with pre-existing conditions, as advocated by Hillary Clinton and Al Gore. The law also aimed to reduce health care costs and improve the overall quality of health care services, as recommended by the Institute of Medicine and the National Academy of Sciences. The Health Insurance Portability and Accountability Act has been amended several times since its enactment, including amendments made by the American Recovery and Reinvestment Act of 2009, signed into law by Barack Obama.

Introduction

The Health Insurance Portability and Accountability Act was introduced in the United States House of Representatives by Bill Thomas and in the United States Senate by Nancy Kassebaum and Ted Kennedy, with the support of Bob Dole and Trent Lott. The law was designed to address the issues of health insurance coverage for workers who lost or changed their jobs, and to prevent health insurance companies from discriminating against individuals with pre-existing conditions, as advocated by Ruth Bader Ginsburg and Stephen Breyer. The law also aimed to reduce health care costs and improve the overall quality of health care services, as recommended by the Centers for Disease Control and Prevention and the National Institutes of Health. The Health Insurance Portability and Accountability Act has been implemented by various federal agencies, including the Department of Health and Human Services, the Department of Labor, and the Department of the Treasury, with the guidance of Kathleen Sebelius and Sylvia Mathews Burwell.

Legislative History

The Health Insurance Portability and Accountability Act was passed by the United States Congress on July 31, 1996, and was signed into law by Bill Clinton on August 21, 1996, with the support of Gerald Ford and Jimmy Carter. The law was enacted as Public Law 104-191 and has been amended several times since its enactment, including amendments made by the Health Information Technology for Economic and Clinical Health Act of 2009, signed into law by Barack Obama, and the Patient Protection and Affordable Care Act of 2010, signed into law by Barack Obama, with the support of Joe Biden and Nancy Pelosi. The law has been implemented by various federal agencies, including the Office of the National Coordinator for Health Information Technology, the Centers for Medicare and Medicaid Services, and the Office for Civil Rights, with the guidance of Don Berwick and Marilyn Tavenner.

Key Provisions

The Health Insurance Portability and Accountability Act includes several key provisions, including the requirement that health insurance companies provide continuation coverage to employees who lose their jobs, as advocated by John Kerry and John Edwards. The law also prohibits health insurance companies from discriminating against individuals with pre-existing conditions, as supported by Ted Kennedy and Barbara Boxer. Additionally, the law requires health care providers to maintain the confidentiality of protected health information, as recommended by the American Medical Association and the American Hospital Association. The law also establishes standards for the electronic transmission of health information, as guided by the National Committee for Quality Assurance and the Joint Commission.

Privacy Rule

The Health Insurance Portability and Accountability Act includes a Privacy Rule that requires health care providers to maintain the confidentiality of protected health information, as advocated by Debbie Stabenow and Olympia Snowe. The rule prohibits the disclosure of protected health information without the individual's consent, except in certain circumstances, such as for treatment, payment, or health care operations, as supported by Tom Daschle and Bill Frist. The rule also requires health care providers to provide individuals with access to their protected health information and to amend the information if it is inaccurate, as recommended by the National Association of Social Workers and the American Psychological Association.

Security Rule

The Health Insurance Portability and Accountability Act includes a Security Rule that requires health care providers to implement administrative, technical, and physical safeguards to protect electronic protected health information, as guided by the National Institute of Standards and Technology and the Department of Homeland Security. The rule requires health care providers to conduct a risk analysis to identify potential security threats and to implement measures to mitigate those threats, as advocated by Dianne Feinstein and Chuck Schumer. The rule also requires health care providers to implement procedures for responding to security incidents, as supported by the Federal Bureau of Investigation and the Department of Justice.

Enforcement

The Health Insurance Portability and Accountability Act is enforced by the Office for Civil Rights of the Department of Health and Human Services, with the guidance of Eric Holder and Loretta Lynch. The office is responsible for investigating complaints and conducting compliance reviews to ensure that health care providers are complying with the law, as recommended by the Government Accountability Office and the Congressional Budget Office. The office may impose civil penalties on health care providers that fail to comply with the law, as supported by Max Baucus and Chuck Grassley. The law also provides for criminal penalties for individuals who knowingly disclose protected health information in violation of the law, as advocated by Patrick Leahy and Lamar Smith. Category:United States federal healthcare legislation