HITECH Act Compliance Requirements

This question asks if you comply with the HITECH Act, which significantly expanded HIPAA requirements in 2009. HITECH added stricter breach notification rules, increased penalties for violations, extended requirements to business associates like you, and mandated stronger enforcement. It essentially took HIPAA from guidelines to strict legal requirements with serious financial consequences for violations.

HITECH compliance is mandatory for healthcare vendors - it's what makes you legally liable for HIPAA violations with penalties up to $50,000 per violation. Healthcare organizations need assurance you understand HITECH requirements including breach notification timelines (60 days), encryption standards, and audit requirements. Non-compliance doesn't just risk fines; it can trigger mandatory government audits of your clients.

Companies often claim HIPAA compliance without understanding HITECH's additional requirements, particularly around breach notification timelines and the specific encryption safe harbor provisions. Another mistake is not having cyber insurance that covers HITECH penalties, leaving your business exposed to potentially company-ending fines.