Understanding the Difference Between HIPAA & HITRUST

When it comes to protecting sensitive health information, organizations must navigate a complex landscape of laws and frameworks designed to ensure data privacy and security. HIPAA, the Health Insurance Portability and Accountability Act, and HITRUST, the Health Information Trust Alliance framework, both play critical roles in this space. Understanding the differences between these two can help organizations choose the best path to safeguard their data and ensure they meet regulatory requirements. In this blog, we will explore what sets HIPAA vs HITRUST apart, and how they work together to protect health information in today’s complicated healthcare environment.

What is HIPAA?

The Health Insurance Portability and Accountability Act (HIPAA) is a U.S. law enacted in 1996 to protect sensitive patient health information. It sets national standards for the privacy and security of individuals' medical records and other personal health data. HIPAA requires healthcare providers, insurers, and related entities to ensure that health information is kept confidential and only shared when necessary for treatment, payment, or healthcare operations. The law also grants patients rights over their health data, allowing them to access and request corrections to their records, while imposing penalties for non-compliance to safeguard against data breaches and misuse. HIPAA includes the Privacy Rule to protect patient health information (PHI), the Security Rule to safeguard electronic PHI (ePHI), and the Breach Notification Rule, which requires covered entities to notify affected individuals, the government, and sometimes the media in the event of a data breach.

What is HITRUST?

HITRUST, short for the Health Information Trust Alliance, is a certifiable framework that helps organizations manage risk and compliance in handling sensitive data, particularly in healthcare. It was developed to create a standardized approach for managing information security and privacy, aligning with regulations like HIPAA, GDPR, and others. By achieving HITRUST certification, organizations demonstrate that they meet stringent security and compliance requirements, offering assurance that they can protect sensitive data, such as protected health information (PHI), from threats and breaches. HITRUST provides a comprehensive, scalable framework for organizations to adopt best practices for safeguarding data across industries.

What Is the Difference Between HIPAA and HITRUST?

While both HIPAA and HITRUST aim to protect sensitive health information, they serve different roles in the realm of data security and compliance. HIPAA, or the Health Insurance Portability and Accountability Act, is a federal law in the United States that sets the baseline for privacy, security, and breach notification standards related to protected health information (PHI). Its primary goal is to safeguard patients' health data by establishing national standards that healthcare organizations, insurers, and related entities must follow. However, HIPAA is relatively broad and leaves room for interpretation, which means organizations need to implement their own policies and controls to meet its requirements.

HITRUST, on the other hand, is not a law but a certifiable framework designed to provide a more detailed and actionable approach to compliance. It was created to help organizations manage and meet HIPAA’s standards and other regulations, such as GDPR, by offering a comprehensive, scalable framework. HITRUST goes beyond HIPAA by incorporating more granular controls, specific implementation guidance, and best practices, making it easier for organizations to achieve consistent and reliable security practices. Additionally, HITRUST certification serves as a third-party validation that an organization not only complies with HIPAA but also follows industry-leading security protocols.

The key difference is that while HIPAA outlines what needs to be protected and sets the foundational security and privacy requirements, HITRUST provides a detailed roadmap on how to achieve and demonstrate compliance. Organizations that pursue HITRUST certification can reduce ambiguity in meeting HIPAA’s standards and often find it easier to ensure consistent security practices across various regulatory frameworks.

Despite the benefits of HITRUST certification, some companies may choose not to pursue it due to various factors. One key reason is the cost and resource investment required for certification. HITRUST involves a rigorous process that demands extensive internal audits, documentation, and implementation of controls, which can be time-consuming and expensive, especially for smaller organizations. Additionally, not all industries or businesses handling sensitive data are required to meet HITRUST standards, so for those only needing to comply with HIPAA or other less stringent regulations, the added expense of HITRUST certification may not be justified. Finally, some companies may find that other frameworks or security certifications better align with their specific business needs or regulatory requirements, making HITRUST less of a priority.

HITECH vs HITRUST

The Health Information Technology for Economic and Clinical Health (HITECH) Act was enacted in 2009 to promote the adoption of electronic health records (EHRs) and enhance the enforcement of HIPAA’s privacy and security rules. One of the main objectives of HITECH was to incentivize healthcare organizations to adopt EHR systems, ensuring that patient data is stored digitally for better accessibility, efficiency, and security. HITECH also expanded HIPAA’s enforcement, imposing stricter penalties for non-compliance and data breaches, and requiring notification in the event of unauthorized access to protected health information (PHI). In essence, HITECH strengthened the accountability for safeguarding electronic health data and increased the consequences for organizations that fail to protect it.

The main difference between HITECH and HITRUST lies in their scope and purpose. HITECH is a legal act designed to promote digital health information management and ensure stricter enforcement of HIPAA, while HITRUST offers a practical, certifiable framework that organizations can adopt to meet the security standards of multiple regulations, including those outlined in HITECH. By pursuing HITRUST certification, organizations not only demonstrate compliance with HITECH but also strengthen their overall security posture through adherence to industry best practices. However, some organizations may opt to comply with HITECH without seeking HITRUST certification due to the costs and resources associated with the latter.

Closing Thoughts

In summary, both HIPAA and HITRUST play essential roles in protecting sensitive health information, but they differ in their scope and implementation. HIPAA sets the foundational standards for privacy and security, while HITRUST provides a more comprehensive, certifiable framework that guides organizations in meeting these and other regulatory requirements. Understanding the nuances of HITRUST vs HIPAA can help healthcare organizations determine the best approach for safeguarding their data. By aligning efforts with both standards, organizations can ensure robust HITRUST HIPAA compliance that effectively protects sensitive health information.

Compass IT Compliance works closely with healthcare organizations to help them navigate the complexities of compliance with industry regulations and frameworks. From achieving HIPAA compliance to meeting other security standards, Compass offers expertise in developing robust security programs that align with regulatory requirements. Our comprehensive services ensure that organizations are equipped to protect critical patient information while minimizing risks and enhancing overall data security. Contact us today to learn how Compass can help your organization stay compliant and secure.