This article explains how the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH) relate to each other, what makes them different, and why healthcare organizations must comply with both.
HIPAA was passed in 1996 to safeguard Protected Health Information (PHI). It requires healthcare providers, insurers, and their vendors to implement privacy and security measures. Its main components are:
Privacy Rule: Limits how PHI can be used or shared.
Security Rule: Requires technical safeguards like encryption, audit logs, and access controls.
Breach Notification Rule: Mandates notifying patients and regulators when PHI is compromised.
Enforcement Rule: Defines penalties for non-compliance.
HITECH was enacted in 2009 to promote the adoption of electronic health records (EHRs) and to strengthen HIPAA’s enforcement. It adds:
Stricter penalties for HIPAA violations.
Mandatory breach notifications to patients and the Department of Health and Human Services (HHS).
Direct liability for business associates (vendors and contractors handling PHI).
Incentives for EHR adoption through “meaningful use” programs.
HIPAA sets the foundation for privacy and security. HITECH builds on HIPAA, adding sharper enforcement, higher fines, and extending accountability to business associates. Together, they ensure that PHI is not only protected but that healthcare organizations face real consequences if they fail to safeguard it.
Confusing HIPAA and HITECH can lead to compliance gaps. For example:
Relying on HIPAA alone may overlook HITECH’s breach reporting requirements.
Vendors that thought only providers were responsible under HIPAA are now directly liable under HITECH.
Organizations using non-secure forms or tools risk violations under both laws.
Any online form that collects patient information is handling PHI. Under HIPAA and HITECH:
Forms must encrypt PHI during transmission and storage.
Access must be restricted and logged.
A signed Business Associate Agreement (BAA) with the form vendor is required.
Standard contact forms or email tools usually fail these tests. That’s where Form Vessel comes in.
Form Vessel provides a HIPAA and HITECH-compliant form builder designed for healthcare. It ensures:
End-to-end encryption of submissions.
Audit logs and access controls.
Signed BAA for compliance assurance.
HIPAA and HITECH are not the same but are closely connected.
HIPAA sets the rules, HITECH enforces them more strictly.
Both require secure handling of PHI in digital forms.
Form Vessel offers a compliant way to collect and manage patient information safely.