Frequently Asked Questions (FAQs)
1.  What is HIPAA?
2.  What rights are provided by HIPAA?
3.  Does the Department have to keep records or track all health information shared by individuals or agencies?
4.  What if NH state law is more restrictive than HIPAA?
Questions & Answers:
1.  What is HIPAA?	Back to top
The Health Insurance Portability and Accountability Act (HIPAA), Public Law 104-191, was passed by Congress in 1996.  HIPAA required the US Department of Health and Human Services to adopt standards regarding the privacy, security, and electronic interchange of health information. The Standards for Privacy of Individually Identifiable Health Information (the Privacy Rule) went into effect on April 14, 2003.
2.  What rights are provided by HIPAA?	Back to top
The "DHHS Notice of Privacy Practices" provides an overview of individual rights and the responsibilities of DHHS to safeguard personal health information in accordance with federal and state laws .
3.  Does the Department have to keep records or track all health information shared by individuals or agencies?	Back to top
Shared information that is related to health care treatment, payment or operations (TPO) does not need to be tracked by DHHS.  Shared information that is not related to health care TPO, and those situations specifically addressed in the HIPAA law, must be tracked.  Most of the health care information connected with DHHS falls into the exempted categories and is, therefore, not tracked.
4.  What if NH state law is more restrictive than HIPAA?	Back to top
NH state law cannot be less restrictive than Federal law, however, it can be more restrictive.  If NH state laws are more restrictive than Federal law, the NH state laws would apply.