Skip to main content

VIEW LARGER COVER

Download Free PDF
Read Free Online
Buy from TRB.org

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 46: How the Health Insurance Portability and Accountability Act (HIPAA) and Other Privacy Laws Affect Public Transportation Operations explores whether the privacy and security rules established by HIPAA apply to transit agencies that possess patrons’ health information.

The first seven sections of this digest discuss HIPAA and whether various entities are subject to HIPAA’s privacy and security provisions applicable to the protection of protected health information, as defined by HIPAA. This digest also analyzes how protected health information is defined by HIPAA and discusses HIPAA’s Privacy Rule and Security Rule as defined by the U.S. Department of Health and Human Services in its most recent final rule.

This digest summarizes other important aspects of HIPAA including whether protected health information must be produced in response to a subpoena, discovery request, or a request under a freedom of information act (FOIA) or similar law. The remainder of the digest discusses the privacy of health information under other federal and state laws. The digest also covers industry standards and best practices used by transit agencies to protect the privacy of patrons’ health information.

Topics

Suggested Citation

National Academies of Sciences, Engineering, and Medicine. 2014. How the Health Insurance Portability and Accountability Act (HIPAA) and Other Privacy Laws Affect Public Transportation Operations. Washington, DC: The National Academies Press. https://doi.org/10.17226/22359.

Import this citation to:

Publication Info

244 pages |  8.5 x 11 |  DOI: https://doi.org/10.17226/22359
Chapters skim
TCRP Legal Research Digest 46: How the Health Insurance Portability and Accountability Act (HIPAA) and Other Privacy Laws Affect Public Transportation Operations 1-1
CONTENTS 2-2
I. INTRODUCTION 3-4
II. HIPAA, THE HITECH AMENDMENTS TO HIPAA, AND HHS'S FINAL RULE 5-5
III.HIPAA'S APPLICATION TO COVERED ENTITIES 6-7
IV. HIPAA'S APPLICATION TO BUSINESS ASSOCIATES OF COVERED ENTITIES 8-10
VI. APPLICATION OF HIPAA TO HYBRID ENTITIES 11-12
VII. HIPAA'S DEFINITION OF PROTECTED HEALTH INFORMATION 13-13
VIII. HIPAA'S PRIVACY AND SECURITY RULES 14-19
IX. WHETHER HIPAA APPLIES TO TRANSIT AGENCIES 20-28
X. DISCLOSURE OF PROTECTED HEALTH INFORMATION WHEN REQUIRED BY LAW 29-30
XI. HIPAA PREEMPTION OF CONTRARY STATE LAWS THAT ARE LESS STRINGENT THAN HIPAA 31-32
XII. THE ENFORCEMENT RULE: CIVIL AND CRIMINAL PENALTIES UNDER HIPAA 33-34
XIII. JUDICIAL CLAIMS FOR HEALTH PRIVACY VIOLATIONS 35-37
XIV. COMMENTATORS' VIEWS OF HIPAA 38-38
XV. APPLICABILITY OF OTHER FEDERAL LAWS 39-40
XVI. STATE LAWS APPLICABLE TO THE PRIVACY OF HEALTH INFORMATION 41-48
XVII. CIVIL ACTIONS AT COMMON LAW FOR HEALTH PRIVACY VIOLATIONS 49-53
XVIII. HIPAA AND TRANSIT REGISTRIES OR DATABASES FOR EMERGENCY PLANNING AND OPERATIONS 54-55
CONCLUSION 56-57
APPENDIX A FEDERAL PRIVACY LAWS OTHER THAN HIPAA 58-65
APPENDIX B AFFORDABLE CARE ACT, 26 U.S.C. Section 5000A Requirement to Maintain Minimum Essential Coverage 66-71
APPENDIX C BUSINESS ASSOCIATE AGREEMENTS, GUIDES, NOTICES, POLICIES, PRACTICES, AND PROCEDURES PROVIDED BY TRANSIT AGENCIES 72-225
APPENDIX D Survey Questions to Transit Agencies 226-231
APPENDIX E Summary of Transit Agencies' Responses to Survey 232-240
APPENDIX F List of Transit Agencies Responding to Survey 241-242
ACKNOWLEDGMENTS 243-244

What is skim?

The Chapter Skim search tool presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter. You may select key terms to highlight them within pages of each chapter.

loading iconLoading stats for How the Health Insurance Portability and Accountability Act (HIPAA) and Other Privacy Laws Affect Public Transportation Operations...