A comparative study of HIPPA and DISHA: understanding the similarities and differences
The medical field is vast and enormous, it acquires significance because of its relation with lives. Patient safety, ethical behaviour, and high-quality care are all based on regulations and compliance in the complex field of healthcare. It is not only necessary but also a matter of life and death when it comes to following set standards involving sensitive information. In order to maintain the greatest levels of integrity and accountability, the medical industry works within a framework that includes strict treatment guidelines and careful data processing to protect patient privacy. These guidelines act as guardians, assisting organizations and healthcare professionals in handling the intricacies of their duties in an ethical and responsible manner. The necessity for strong regulations and compliance procedures in the medical industry has never been more urgent in an era of swift breakthroughs and changing difficulties, guaranteeing that the trust granted. HIPPA is the most common and prominent term as it regulates the health sector in USA, but most of the people are unaware of the term DISHA. In the current blog we will discuss the essentials by drawing the comparison between HIPPA and DISHA.
What is HIPPA and DISHA?
Though they are administered by separate authorities, the HIPAA (Health Insurance Portability and Accountability Act) and DISHA (Digital Information Security in Healthcare Act) regulatory frameworks are designed to safeguard patient privacy and security and preserve healthcare data. The United States passed HIPAA in 1996. It is a federal law that establishes guidelines for covered organizations including clearinghouses, health plans, and healthcare providers on how to handle, transmit, and store protected health information (PHI). It is enforced by the U.S. Department of Health and Human Services (HHS) and imposes a number of obligations pertaining to security, privacy, and breach notification. On the other hand, the use, storing, and transfer of electronic health records (EHR) and health data within India is governed by the 2020 introduction of the DISHA law in India. Though both HIPPA and Disha share a lot of similarities yet there are also a lot of difference between the two, lets understand the basic differences first.
Scope
HIPAA: HIPAA is a federal statute in the United States that is primarily concerned with safeguarding patient health information (PHI) in healthcare settings in terms of both privacy and security. It establishes guidelines for how covered organizations, including hospitals, insurance companies, and clearinghouses, are to handle, transmit, and store protected health information (PHI).
DISHA: To control the usage, storing, and transfer of electronic health records (EHR) and health data in India, DISHA was introduced as a law. It covers medical professionals, hospitals, clinics, health information exchanges, and companies that process medical data in India.
Authority
HIPAA: Covered entities operating in the United States and their business partners handling PHI are the only entities to which HIPAA applies. It has no authority outside of the United States.
DISHA: DISHA focuses on India and oversees the nation’s healthcare data management system. It is applicable to all organizations involved in the healthcare ecosystem in India, regardless of whether they manage data for residents or citizens of India.
Prerequisites
HIPAA: HIPAA enforces several regulations pertaining to security, privacy, and breach reporting. Administrative, physical, and technical protections must be put in place by covered companies to preserve PHI, uphold patient privacy rights, and alert persons and regulatory bodies in the case of a data breach.
DISHA: For the safety of electronic health records and health data in India, DISHA sets comparable standards. The significance of data privacy, security, and confidentiality is emphasized, and healthcare organizations are obliged to put policies in place to protect patient data and notify the proper authorities of any breaches.
Enforcement and Sanctions
HIPAA: Serious consequences for violating this law might include monetary fines and, in the case of serious offences, and criminal prosecution. In the United States, the Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS) is in charge of implementing HIPAA regulations.
DISHA: DISHA describes the consequences of non-compliance, which can include fines and jail time for specific infractions. The National Digital Health Authority (NDHA) and other pertinent Indian regulatory agencies are in charge of enforcing DISHA.
To reiterate, HIPAA compliance and DISHA both seek to safeguard patient health information, but they do so in distinct legal and regulatory contexts. Every rule that applies to an organization’s operations has certain requirements, which the organization must be aware of and maintain compliance with.
What makes HIPPA and DISHA Similar
Despite being implemented in separate legal and regulatory environments, the goals and guiding concepts of DISHA (Digital Information Security in Healthcare Act) and HIPAA (Health Insurance Portability and Accountability Act) are similar in a number of ways:
Data protection: The goals of HIPAA and DISHA are to prevent unauthorized access, disclosure, alteration, or destruction of sensitive healthcare data, such as electronic health records (EHR) and patient health information (PHI).
Privacy and Confidentiality: Preserving patient privacy and confidentiality is stressed in both rules. In order to guarantee that patient information is treated with the highest care and is only accessed by authorized personnel for legal purposes, they set norms and procedures for healthcare entities.
Security Measures: To protect healthcare data from security threats and breaches, security measures must be put in place in accordance with HIPAA and DISHA. They need Adopting administrative, physical, and technical security measures is recommended for healthcare organizations in order to preserve data availability, confidentiality, and integrity.
Breach Notification: Under both laws, healthcare organizations must alert patients and government agencies to any compromise of sensitive patient data. They provide certain protocols and deadlines for disclosing security breaches and minimizing any damage to impacted parties.
HIPAA and DISHA enforce compliance obligations on covered entities and other pertinent parties operating within their respective regulatory areas. To achieve compliance with regulatory standards, they mandate that organizations create policies and processes, train employees, conduct risk assessments, and put controls in place.
Enforcement Procedures: In order to guarantee adherence to the requirements and make non-compliant organizations responsible for infractions, both regulations set forth enforcement procedures. They provide regulatory agencies the authority to carry out audits, inquiries, and enforcement measures against organizations that are discovered to be in violation of the law.
Patient Rights Under DISHA and HIPAA
acknowledge and uphold patients’ rights to the security and privacy of their medical records. Patients are granted specific rights, including the ability to view their medical records, ask for information to be amended, and be informed of privacy policies.
International Standards: The World Health Organization (WHO) and International Organization for Standardization (ISO) have established best practices and international standards for healthcare data privacy and security. While HIPAA is a federal law in the United States, DISHA is unique to India.
In sum up it can be argued that HIPAA and DISHA have different legal frameworks and jurisdictions, with HIPAA being unique to the United States and DISHA being applicable to India, even though they both aim to protect healthcare data. Both legislation have different standards and enforcement systems, but they both stress the value of data privacy, security, and confidentiality in healthcare settings. If you are also dealing with medical field or clinics or hospital, looking for a reliable solution for billing process Zimo. One can help you by providing a reliable solution.