Objectives: Identify the regulations from the Health Insurance Portability and Accountability Act (HIPAA) that impact the emergency department. Describe processes that demonstrate compliance with the security and privacy regulations that pertain to protected health information. Identify the consequences of noncompliance to this congressional mandate. Methods: A review of the literature was conducted to extract the effects of the legislation on emergency services. Since the inception of the law in 1996, additional regulatory requirements have been added to the protection of protected health information. Concomitantly, practice changes are conducive to emergency department's compliance with these regulatory mandates. Results: HIPPA encompasses 6 components in the regulations that must be addressed. Of these, most organizations focus on the greatest areas of risk, which include the transmission of electronic data and the security and privacy components. To avoid financial penalties and imprisonment, facilities must demonstrate and adhere to the regulations outlined. Verification of compliance could occur through random unannounced visits by the Department of Health and Human Services, Office of Civil Rights, or through health information privacy complaints filed against the individual or the organization. Conclusions: A sharing of best practices and benchmarking could contribute to organizational savings and improve productivity if facilities were forthcoming in describing how they demonstrate compliance. As interpretations and applications of the law are modified, practice changes will also occur. Since each facility is held to the same standard, it behooves one to provide mutual support so as not to begin the process from its genesis.
