HIPAA
US federal regulation for health information privacy security
FISMA
U.S. federal law for risk-based information security
Quick Verdict
HIPAA protects patient health data in healthcare via Privacy/Security Rules, while FISMA mandates risk-based security for federal systems using NIST RMF. Organizations adopt HIPAA for compliance and trust; FISMA for contracts and resilience.
HIPAA
Health Insurance Portability and Accountability Act of 1996
Key Features
- Risk-based safeguards for electronic PHI
- Minimum necessary principle limits PHI disclosures
- Presumption-of-breach with four-factor risk assessment
- Direct liability for business associates via BAAs
- Individual rights to PHI access and amendment
FISMA
Federal Information Security Modernization Act of 2014
Key Features
- NIST Risk Management Framework (RMF) 7-step process
- Continuous monitoring and diagnostics requirements
- FIPS 199 system impact categorization
- NIST SP 800-53 security control baselines
- Annual IG evaluations and OMB reporting
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
HIPAA Details
What It Is
HIPAA (Health Insurance Portability and Accountability Act of 1996) is a US federal regulation establishing national standards for protecting individuals' health information. It comprises the Privacy Rule, Security Rule, and Breach Notification Rule, using a flexible, risk-based approach to govern use, disclosure, and safeguards for PHI and ePHI among covered entities and business associates.
Key Components
- Seven pillars: scope/applicability, privacy controls, security safeguards (administrative/physical/technical), breach notification, patient rights, business associate governance, enforcement.
- Core principles: minimum necessary, CIA triad (confidentiality/integrity/availability), documented risk analysis.
- No fixed controls count; scalable via addressable/required specifications; compliance via OCR enforcement, no certification.
Why Organizations Use It
- Legal mandate for covered entities; reduces breach risks, penalties up to $2M annually.
- Enhances cyber resilience, vendor oversight, patient trust; enables secure data flows for care/operations.
Implementation Overview
- Phased: assess (risk analysis), build (safeguards/training/BAAs), assure (audits/monitoring).
- Applies to healthcare providers/plans/clearinghouses, BAs; all sizes; US-focused; ongoing audits, 6-year documentation.
FISMA Details
What It Is
Federal Information Security Modernization Act (FISMA) of 2014 is a U.S. federal law establishing a risk-based framework for protecting federal information and systems. It modernizes the 2002 act, emphasizing continuous monitoring, incident reporting, and integration with NIST standards for agencies and contractors.
Key Components
- **NIST RMF7-step lifecycle (Prepare, Categorize, Select, Implement, Assess, Authorize, Monitor).
- **NIST SP 800-53Baselines of security/privacy controls tailored by FIPS 199 impact levels.
- Core principles: Risk management, ongoing assessments, POA&Ms.
- Compliance via agency ATOs, IG evaluations, annual OMB reporting.
Why Organizations Use It
- Mandatory for federal agencies/contractors handling federal data.
- Reduces breach risks, enables procurement (e.g., FedRAMP).
- Enhances resilience, efficiency, executive risk decisions.
- Builds trust, competitive edge in government markets.
Implementation Overview
- Phased: Governance/inventory, categorize/select controls, implement/assess/authorize, continuous monitor.
- Applies to federal entities, contractors; scales by size/complexity.
- Requires audits, no central certification; ongoing program focus. (178 words)
Key Differences
| Aspect | HIPAA | FISMA |
|---|---|---|
| Scope | PHI privacy, security, breach notification for healthcare | Federal info systems security via NIST RMF |
| Industry | Healthcare providers, plans, business associates | Federal agencies, contractors, civilian systems |
| Nature | Mandatory regulation with OCR enforcement | Mandatory law with OMB/DHS/IG oversight |
| Testing | Risk analysis, audits, OCR investigations | RMF assessments, continuous monitoring, IG evaluations |
| Penalties | Civil fines up to $2M/year, corrective actions | IG reports, funding cuts, operational directives |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about HIPAA and FISMA
HIPAA FAQ
FISMA FAQ
You Might also be Interested in These Articles...
SEC Cybersecurity Rules Materiality Determination Framework: Step-by-Step Guide with Checklists and Real-World Examples
Master SEC Form 8-K Item 1.05 materiality determinations with our step-by-step framework, checklists, case law factors, and real-world examples. Avoid enforceme
What if the EU would not have made GDPR mandatory...
Explore a world without mandatory GDPR: How would organizations manage data? What data privacy regs would emerge? Uncover impacts on businesses and privacy laws
Why the SEC Stepped In: The Investor-Driven Push for Cybersecurity Transparency
Discover why the SEC's 2023 cybersecurity rules treat cyber risks as material financial threats. Explore the 'stick and carrot' approach for standardized disclo
Run Maturity Assessments with GRADUM
Transform your compliance journey with our AI-powered assessment platform
Assess your organization's maturity across multiple standards and regulations including ISO 27001, DORA, NIS2, NIST, GDPR, and hundreds more. Get actionable insights and track your progress with collaborative, AI-powered evaluations.
Check out these other Gradum.io Standards Comparison Pages
HITRUST CSF vs ISO 27701
HITRUST CSF vs ISO 27701: Certifiable threat-adaptive framework (19 domains, maturity scoring) vs privacy PIMS on ISO 27001. Tailor compliance for regulated needs—discover key diffs now!
AEO vs ISO 26000
Compare AEO vs ISO 26000: AEO secures supply chains & speeds customs; ISO 26000 drives ethical SR & sustainability. Unlock compliance ROI now!
K-PIPA vs ISO 14001
Compare K-PIPA vs ISO 14001: Korea's strict data privacy law meets global EMS standard. Uncover differences in consent, breaches, risks—essential compliance guide for multinationals. Master now!