Which entity enforces HIPAA?

HIPAA is enforced by HHS’ Office for Civil Rights. But remember that it is just for the most part. No single entity can enforce HIPAA. This is because the enforcement of HIPAA involves multiple state and federal agencies, each responsible for overseeing specific aspects of the regulations. The specific agency involved depends on the particular area of HIPAA being enforced.

The entities that enforce the HIPAA framework are:

• Department of Health and Human Sciences (HHS): This department is one of the primary entities concerned with the HIPAA framework. Since the said Framework operates in the health industry, this department helps form laws that are best suitable for organizations in the health industry.
• Office of Civil Rights (OCR): This is a primary component of the HHS. OCR is responsible for establishing rules and regulations for security and privacy guidelines for HIPAA. They also deal with multiple other components,
  • Looking into complaints about violations of the given framework. These complaints usually arise from breaches, attacks, and noncompliance
  • OCR also handles complaints filed by individuals who believe their security rights have been violated. OCR is then responsible for coming up with a resolution for these complaints.
  • OCR also has the duty to properly audit organizations that follow the HIPAA framework. This ensures that the organizations regularly follow the guidelines set by the HIPAA framework.
  • OCR also has the power to charge fines and penalties to organizations in case it finds out the said organization is dabbling in noncompliance 
  • When compliant organizations and their business associates often dispute, OCR can develop agreements and settlements that work for both parties.
  • If OCR finds any violations, it has to remediate the mistake within the organization and move it up to track.
  • OCR is also responsible for spreading awareness and educating organizations and related parties about HIPAA compliance in the healthcare industry. 

• Office of Inspector General (OIG) – OIG primarily focuses on administrative simplification rules. It deals with issues of technical aspects like electric transfer, Encryption, codes, etc 
• State Attorney General – In some cases, state attorney generals can enforce HIPAA compliance within a particular state for dealing with HIPAA privacy and security laws.