HIPAA

HIPAA compliance,
explained plainly

HIPAA is the US law that protects health information. Here is what compliance actually involves: who is covered, what counts as protected health information, the Privacy, Security and Breach Notification Rules, and the risk analysis at the center of it all — and how teams run the whole program in one Swiss-hosted workspace.

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Every framework
ISO/IEC 27001SOC 2GDPRHIPAASwiss nFADPNIST CSF 2.0OWASPEU AI Act
ISO/IEC 27001SOC 2GDPRHIPAASwiss nFADPNIST CSF 2.0OWASPEU AI Act
ISO/IEC 27001SOC 2GDPRHIPAASwiss nFADPNIST CSF 2.0OWASPEU AI Act
ISO/IEC 27001SOC 2GDPRHIPAASwiss nFADPNIST CSF 2.0OWASPEU AI Act
  • ISO/IEC 27001
  • SOC 2
  • GDPR
  • HIPAA
  • Swiss nFADP
  • NIST CSF 2.0
  • OWASP
  • EU AI Act
The law

What HIPAA actually requires.

HIPAA is a US federal law, not a product certification. It governs how covered entities and their business associates handle protected health information, through a set of rules enforced by the HHS Office for Civil Rights. There is no government HIPAA certificate — you determine your own compliance and must be able to prove it.

Who is covered

Covered entities, such as health providers, health plans and clearinghouses, and the business associates that handle protected health information on their behalf under a BAA.

The Privacy Rule

Governs the use and disclosure of PHI, the "minimum necessary" standard, and individual rights such as a patient’s right to access their own records.

The Security Rule

Safeguards for electronic PHI across three categories, administrative, physical and technical, each with implementation specifications marked required or addressable.

No certificate, real enforcement

HHS does not certify HIPAA compliance. OCR investigates complaints and breaches and can levy civil penalties tiered by culpability.

The full picture

HIPAA, explained in full.

A plain-language walkthrough — what it is, what it asks for, and what it takes to keep it current.

01

What is HIPAA?

HIPAA is the Health Insurance Portability and Accountability Act of 1996, a US federal law. People reach for the name to mean "the rules about protecting health data," and that is the part most software teams deal with: HIPAA sets out how health information must be safeguarded, who is responsible for safeguarding it, and what has to happen when it is exposed.

The first thing to be clear about is what HIPAA is not. It is not a certification. The US Department of Health and Human Services (HHS) does not issue a HIPAA certificate, and no government body audits you and stamps you "compliant." You determine your own compliance against the law, and you have to be able to demonstrate it if asked. Anyone selling you a "HIPAA certified" badge is selling their own attestation, not a government one — and the law itself has no such thing.

What does exist is enforcement. The HHS Office for Civil Rights (OCR) investigates complaints, audits, and reported breaches, and can impose civil monetary penalties. So the practical bar is not "did you pass an exam" but "if OCR looked, could you show that you take this seriously and have the safeguards and records to prove it."

"Compliant" vs "certified"

These get used loosely, so it is worth being precise. There is no official HIPAA certification, so a vendor cannot truthfully claim to be "HIPAA certified" the way one can be ISO 27001 certified. What organizations can do is be, and demonstrate that they are, HIPAA compliant: covered by the right agreements, running the required safeguards, and holding the documentation that shows it. Third parties sometimes offer their own HIPAA attestations or training, which can be useful, but none of them is a government certificate and none of them replaces your own obligation under the law.

02

PHI, ePHI, and who HIPAA covers

HIPAA protects "protected health information" (PHI): individually identifiable health information — a person’s health condition, care, or payment for care, tied to identifiers like their name, dates, or contact details. When that information is held or transmitted electronically, it is "electronic protected health information" (ePHI), and the Security Rule applies to it specifically. If your systems touch patient records, appointment data, or anything that links a person to their health, you are almost certainly handling PHI.

HIPAA applies directly to "covered entities": healthcare providers that transmit health information electronically, health plans, and healthcare clearinghouses. These are the organizations the law was written for. But the obligations do not stop there — they flow downstream to the vendors covered entities rely on.

A "business associate" is any vendor that creates, receives, maintains, or transmits PHI on behalf of a covered entity. A SaaS company storing patient data, a cloud host, an analytics provider working with health records — all are business associates, and all are directly liable under HIPAA. If you build software that handles PHI for healthcare customers, this is almost certainly the category you fall into, which is why HIPAA shows up in your sales conversations.

The Business Associate Agreement (BAA)

The contract that binds a business associate is the Business Associate Agreement (BAA). Before a covered entity may share PHI with you, HIPAA requires a BAA in place that sets out how you will safeguard the data, what you may and may not do with it, and your breach-notification obligations. In practice, "can you sign a BAA" is one of the first questions a healthcare customer asks a software vendor — and being able to answer yes, backed by real safeguards, is much of what HIPAA compliance buys you commercially.

03

The Privacy Rule

The Privacy Rule governs the use and disclosure of protected health information in any form — paper, electronic, or spoken. It sets the boundaries: when PHI may be used and shared (for treatment, payment, and healthcare operations, broadly), when an individual’s authorization is required, and what may never be disclosed without it.

Two ideas from the Privacy Rule come up again and again. The first is the "minimum necessary" standard: you should use or disclose only the smallest amount of PHI needed for the task at hand, rather than handing over a whole record when a single field would do. The second is the set of individual rights the rule grants — most notably the right of individuals to access and obtain a copy of their own health records, and to request corrections. For a software vendor, both translate into concrete product and access-control decisions, not just policy language.

04

The Security Rule

The Security Rule is the part most engineering teams spend their time on, because it deals specifically with electronic PHI. It requires safeguards across three categories: administrative (the policies, training, and assignment of responsibility that govern how people handle ePHI), physical (controlling physical access to the systems and facilities that hold it), and technical (the access controls, audit logging, integrity protections, and transmission security built into the systems themselves).

A defining feature of the Security Rule is that its safeguards come as "implementation specifications" marked either "required" or "addressable." Required specifications must be implemented. Addressable does not mean optional — it means you assess whether the specification is reasonable and appropriate for your environment, and either implement it, implement an equivalent alternative, or document why it does not apply. That flexibility is deliberate: HIPAA is meant to scale from a small clinic to a large platform, so it tells you what to achieve and leaves room for how.

05

The risk analysis at the center of it

If there is one obligation that anchors the whole Security Rule, it is the risk analysis. HIPAA requires covered entities and business associates to conduct an accurate and thorough assessment of the potential risks and vulnerabilities to the confidentiality, integrity, and availability of the ePHI they hold — and then to manage those risks down to a reasonable and appropriate level.

This is not a one-time document. The risk analysis is the engine that decides which safeguards matter for your specific systems and how much effort each deserves, and OCR enforcement actions repeatedly come back to it — a missing, stale, or superficial risk analysis is one of the most common findings. Keeping it current as your systems change is most of what "running" a HIPAA program actually involves, much as a living risk register is the heart of any serious security program.

06

The Breach Notification Rule

HIPAA does not assume nothing will ever go wrong; it tells you what to do when it does. The Breach Notification Rule requires that, following a breach of unsecured PHI, you notify the affected individuals, and notify HHS, without unreasonable delay and in no case later than 60 days from discovery. For larger breaches affecting many individuals in a region, the media must be notified as well, and notice to HHS is on a tighter footing.

For a business associate, the obligation typically runs to the covered entity you serve: you notify them of a breach so they can meet their own notification duties, on the timeline your BAA sets. The practical implication is that you need to be able to detect a breach, scope which records were affected, and produce that picture quickly — 60 days sounds generous until an incident is underway and you are reconstructing what happened from scattered logs. The work of staying audit-ready before an incident is exactly the work that lets you answer fast during one.

07

Enforcement, penalties, and the absence of a certificate

HIPAA is enforced by the HHS Office for Civil Rights. OCR responds to complaints, investigates reported breaches, and conducts audits, and where it finds non-compliance it can require corrective action and impose civil monetary penalties. Those penalties are tiered by culpability, broadly from a genuine lack of knowledge at the low end up to willful neglect that was never corrected at the high end, so what often matters most in an investigation is whether you can show you took reasonable steps and acted in good faith.

Because there is no certificate to hold up, that demonstration is the whole game. You cannot point to a stamp; you point to your risk analysis, your safeguards, your policies, your training records, and your BAAs. A program that is documented, current, and consistent is what stands between a manageable inquiry and a finding of neglect — which is why HIPAA, despite having no exam, rewards the same continuous discipline that certifiable frameworks do.

08

HIPAA alongside SOC 2 and ISO 27001

Teams that handle health data rarely face HIPAA in isolation. A US healthcare customer asks whether you are HIPAA compliant; a larger or international one also asks for SOC 2 or ISO 27001. The good news is that these overlap heavily at the level of actual practice: access controls, audit logging, encryption, risk assessment, incident response, vendor management, and security training are common to all three, even though each names and frames them differently.

The distinction worth keeping straight is what each one is. SOC 2 is an attestation report produced by an auditor against the Trust Services Criteria; ISO 27001 is an international certification of a management system; HIPAA is a law you must comply with and demonstrate compliance against, with no certificate at all. Different artifacts, different bodies — but largely the same underlying safeguards. Maintain those safeguards once, mapped to each framework’s requirements, and HIPAA stops being a separate project and becomes another view onto work you are already doing.

09

How you actually demonstrate HIPAA compliance

Since no one hands you a certificate, demonstrating HIPAA compliance means being able to produce a coherent body of evidence on request — for an OCR inquiry, a customer’s security review, or your own internal check. There is no official checklist, but the shape is consistent: a current risk analysis, the administrative, physical, and technical safeguards that address it, your written policies and procedures, records of workforce training, and signed BAAs with every vendor that touches PHI.

In practice this is where HIPAA programs succeed or fail. The safeguards are usually in place; what goes wrong is that the proof is scattered — the risk analysis is a year out of date, the policy says one thing and the systems do another, the BAAs live in someone’s inbox. Keeping all of it in one place, current, and linked to the requirement it satisfies is most of what staying compliant actually involves, and it is the difference between answering a security questionnaire in an afternoon and dreading it for a week.

The real problem

Audit-ready is a state you keep, not a sprint you survive.

Most tools optimize for getting the first certificate. The expensive part is the years after — the spreadsheet sprawl, the evidence you reassemble from memory the week before an audit, the client (or control) you haven't looked at since last cycle. That's the part no first-cert tool was built for.

Spreadsheet sprawl across drives, tabs and inboxes
The week-before scramble, reassembled from memory
The control you haven't looked at since last cycle
Audit-readiness over time
Year over year
audit-readyYear 1Year 2Year 3
Point-in-time tools — scramble & drift
devguard — a state you keep
Run it in devguard

Your HIPAA program, in one workspace.

Everything HIPAA asks you to maintain — your risk analysis, safeguards, policies, evidence and reviews, connected and ready to show, before anyone asks. Pick one to see it.

Every safeguard, in one view

See the administrative, physical and technical safeguards the Security Rule expects, what is in place, and where you stand — each mapped to the policies, risks and assets that satisfy it, so your evidence is live instead of reconstructed for the next customer review.

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Control coverage64%
Asset managementCovered
CryptographyPartial
Supplier securityGap
Document once. Reuse across every standard you add.

HIPAA overlaps heavily with SOC 2 and ISO 27001 — access controls, logging, encryption, risk assessment and incident response are common to all three. Map a safeguard once in devguard and the same policy and evidence satisfy it everywhere it appears, so the next framework is a fraction of the work of the first.

See the full feature comparison

Already certified and dreading the next cycle? See how we help certified companies stay audit-ready.

Already running HIPAA? Move your program across.

If you already have a HIPAA program, you do not want to rebuild it from a blank page. In a scoped conversation we agree exactly what moves — your risk analysis, safeguards, policies, evidence and BAAs, and run that migration with you, for a fixed scope and a date set before we start. Your existing setup stays untouched and exportable until you are satisfied the new one holds up side by side.

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HIPAA FAQ

HIPAA, answered plainly.

Is there a HIPAA certification?

No. HHS does not certify HIPAA compliance, and there is no government HIPAA certificate. You determine your own compliance against the law and must be able to demonstrate it. Third parties may sell their own attestations or training, but none of them is an official certification, and none replaces your own obligation. The honest claim is "HIPAA compliant," never "HIPAA certified."

What is a business associate, and do I need a BAA?

A business associate is any vendor that creates, receives, maintains, or transmits PHI on behalf of a covered entity — which is what most software vendors handling health data are. Before a covered entity may share PHI with you, HIPAA requires a Business Associate Agreement (BAA) in place setting out how you safeguard the data and handle breaches. "Can you sign a BAA" is usually one of the first questions a healthcare customer asks.

What is the difference between PHI and ePHI?

PHI is protected health information in any form — individually identifiable health information about a person’s condition, care, or payment for care. ePHI is that same information when it is created, stored, or transmitted electronically. The Privacy Rule covers PHI in all forms; the Security Rule applies specifically to ePHI.

What are the Security Rule’s three categories of safeguards?

Administrative, physical, and technical. Administrative safeguards are the policies, training, and assignment of responsibility; physical safeguards control access to facilities and devices; technical safeguards are the access controls, audit logging, integrity protections, and transmission security in the systems themselves. Each comes as implementation specifications marked "required" or "addressable" — addressable means you assess and either implement, substitute an equivalent, or document why it does not apply.

How quickly must I report a HIPAA breach?

The Breach Notification Rule requires notifying affected individuals and HHS without unreasonable delay and no later than 60 days from discovery of a breach of unsecured PHI; large breaches in a region also require notifying the media. As a business associate you typically notify the covered entity you serve so they can meet their own duties, on the timeline your BAA sets.

Can I reuse HIPAA work for SOC 2 or ISO 27001?

Largely, yes. HIPAA’s safeguards overlap heavily with SOC 2 and ISO 27001 — access control, logging, encryption, risk assessment and incident response are common to all three. The artifacts differ (a SOC 2 report, an ISO 27001 certificate, HIPAA’s demonstrable compliance) but the underlying practice is shared, so most of the evidence you maintain for one carries over when you map it once and keep a single source current.

See how your HIPAA program would look in devguard.

The fastest way to know if this fits is a short conversation about how you run HIPAA today — what you maintain, where the effort goes between customer reviews, and what moving it would involve. No deck unless you want one.

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