Key Takeaways

  • HIPAA (Health Insurance Portability and Accountability Act of 1996) protects patient health information (PHI)
  • The Privacy Rule governs how PHI can be used and disclosed; patients have the right to access and request corrections to their records
  • The Security Rule requires administrative, physical, and technical safeguards to protect electronic PHI (ePHI)
  • The Minimum Necessary standard requires using only the least amount of PHI needed to accomplish the task
  • PHI can be disclosed without patient authorization for treatment, payment, and healthcare operations (TPO)
  • HIPAA violations can result in civil penalties ($100-$50,000 per violation) and criminal penalties (up to $250,000 and 10 years imprisonment)
  • Medical records must be maintained for a minimum period defined by state law (typically 7-10 years for adults, longer for minors)
  • EHR systems must include audit trails, access controls, encryption, and backup procedures to protect patient data
  • Patients have the right to an accounting of disclosures, receive a Notice of Privacy Practices, and request restrictions on use of their PHI
Last updated: February 2026

HIPAA, Medical Records & Health Information

HIPAA compliance is one of the most heavily tested administrative topics on the RMA exam. Medical assistants handle protected health information (PHI) daily and must understand the rules governing its use, disclosure, and protection.


HIPAA Overview

The Health Insurance Portability and Accountability Act (HIPAA) was enacted in 1996 and includes several key rules:

HIPAA Rules Summary

RuleFocusKey Provisions
Privacy RuleUse and disclosure of PHIPatient rights, minimum necessary, permitted uses, authorization requirements
Security RuleProtection of electronic PHI (ePHI)Administrative, physical, and technical safeguards
Breach Notification RuleNotification after PHI breachRequires notification to patients, HHS, and media (if 500+ affected)
Enforcement RulePenalties for violationsCivil and criminal penalty structure
Omnibus Rule (2013)Extended HIPAA requirementsExtends rules to business associates; strengthens breach notification

Protected Health Information (PHI)

PHI includes any individually identifiable health information, including:

  • Patient's name, address, phone number, email
  • Date of birth, Social Security number
  • Medical record numbers, account numbers
  • Health plan beneficiary numbers
  • Photographs, fingerprints, biometrics
  • Any unique identifying number or code
  • Medical diagnoses, treatment plans, test results
  • Billing and payment information

The Privacy Rule: Key Principles

Permitted Disclosures Without Patient Authorization (TPO):

  • Treatment: Sharing PHI between providers for patient care (e.g., sending records to a specialist)
  • Payment: Submitting claims to insurance, billing, collections
  • Healthcare Operations: Quality assessment, compliance, auditing, training

Disclosures Requiring Patient Authorization:

  • Release of records to employers, life insurance companies, or attorneys
  • Marketing communications
  • Sale of PHI
  • Psychotherapy notes (require separate authorization)

Exceptions (No Authorization Needed):

  • Required by law (court orders, subpoenas)
  • Public health activities (reportable diseases, vital statistics)
  • Abuse, neglect, or domestic violence reporting
  • Law enforcement purposes
  • Coroners, funeral directors, organ donation
  • Workers' compensation claims
  • Serious threat to health or safety

Patient Rights Under HIPAA

RightDescription
Access to recordsView and obtain copies of their medical records
Amendment requestRequest corrections to inaccurate or incomplete records
Accounting of disclosuresReceive a list of who their PHI was shared with
Restriction requestsAsk to limit how their PHI is used or disclosed
Confidential communicationsRequest communications through specific channels
Notice of Privacy PracticesReceive the practice's NPP at first encounter
Complaint filingFile complaints with HHS Office for Civil Rights

The Security Rule: Safeguarding ePHI

The Security Rule requires three types of safeguards to protect electronic PHI:

Administrative Safeguards

  • Security officer: Designate a person responsible for security policies
  • Risk analysis: Regularly assess potential risks to ePHI
  • Workforce training: Train all employees on security policies
  • Access management: Define who can access ePHI and what they can do with it
  • Contingency planning: Procedures for data backup, disaster recovery, and emergency operations
  • Business associate agreements: Written contracts with third parties handling ePHI

Physical Safeguards

  • Facility access controls: Locks, badges, security cameras, alarm systems
  • Workstation security: Position screens away from public view, use privacy screens
  • Device controls: Policies for mobile devices, removable media, and hardware disposal
  • Visitor management: Sign-in logs, escort procedures for non-employees

Technical Safeguards

  • Access controls: Unique user IDs, passwords, automatic logoff, encryption
  • Audit controls: Track who accessed ePHI, when, and what they did (audit trails)
  • Integrity controls: Mechanisms to prevent unauthorized alteration of ePHI
  • Transmission security: Encryption for ePHI sent electronically (email, fax, network)

HIPAA Violations and Penalties

Civil Penalties

TierLevel of KnowledgePer ViolationAnnual Maximum
Tier 1Did not know$100 - $50,000$25,000
Tier 2Reasonable cause (not willful neglect)$1,000 - $50,000$100,000
Tier 3Willful neglect, corrected within 30 days$10,000 - $50,000$250,000
Tier 4Willful neglect, not corrected$50,000$1,500,000

Criminal Penalties

LevelConductPenalty
Level 1Knowingly obtaining/disclosing PHIUp to $50,000 fine and 1 year imprisonment
Level 2Obtained under false pretensesUp to $100,000 fine and 5 years imprisonment
Level 3Intent to sell, transfer, or use for personal gainUp to $250,000 fine and 10 years imprisonment

Medical Records Management

Record Retention

  • State laws vary: Typically 7-10 years for adult records after last encounter
  • Minor patients: Records retained until the patient reaches age of majority plus the state retention period
  • Medicare/Medicaid: Minimum 6-10 years depending on the program
  • OSHA records: Employee exposure records maintained for 30 years
  • Always follow the longest applicable requirement

Electronic Health Records (EHR)

FeaturePurpose
Audit trailTracks all access and modifications to patient records
Access controlsRole-based permissions (who can view/edit what)
EncryptionProtects data at rest and in transit
BackupRegular automated backups with offsite storage
InteroperabilityAbility to share records between systems (HL7, FHIR)
TemplatesStandardized documentation for consistency
Decision supportDrug interaction alerts, clinical reminders
E-prescribingElectronic prescription transmission to pharmacies
Test Your Knowledge

Under HIPAA, which of the following can a medical assistant share without the patient's written authorization?

A
B
C
D
Test Your Knowledge

The HIPAA Security Rule requires which three types of safeguards to protect ePHI?

A
B
C
D
Test Your Knowledge

A medical assistant accidentally leaves a patient chart open on a computer screen visible to other patients in the waiting area. This is an example of:

A
B
C
D
Test Your Knowledge

The Minimum Necessary standard under HIPAA means:

A
B
C
D
Test Your KnowledgeFill in the Blank

HIPAA was enacted in the year ___.

Type your answer below

Test Your KnowledgeMulti-Select

Which of the following are patient rights under HIPAA? (Select all that apply)

Select all that apply

Access to their medical records
Request corrections to their records
Receive a Notice of Privacy Practices
Request that all records be deleted permanently
Receive an accounting of disclosures
File a complaint with HHS