HIPAA
U.S. regulation protecting health information privacy and security
NIST 800-171
U.S. standard for protecting CUI in nonfederal systems
Quick Verdict
HIPAA mandates privacy/security for healthcare PHI via OCR enforcement, while NIST 800-171 contractually requires CUI protection for federal contractors through assessments. Organizations adopt HIPAA for patient trust/compliance, NIST for DoD eligibility/risk reduction.
HIPAA
Health Insurance Portability and Accountability Act of 1996
Key Features
- Risk-based, technology-neutral ePHI safeguards
- Minimum necessary PHI use and disclosure
- Business associate direct liability and BAAs
- Presumption-of-breach with four-factor assessment
- Individual rights to timely PHI access
NIST 800-171
NIST SP 800-171: Protecting CUI in Nonfederal Systems
Key Features
- Protects CUI confidentiality in nonfederal systems
- 97 requirements across 17 control families (Rev 3)
- Requires SSP and POA&M documentation
- Supports CUI enclave scoping and isolation
- FedRAMP Moderate equivalence for cloud services
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
HIPAA Details
What It Is
Health Insurance Portability and Accountability Act (HIPAA) of 1996 is a U.S. federal regulation. It establishes national standards via Privacy Rule, Security Rule, and Breach Notification Rule. Primary purpose: protect PHI privacy and ePHI security while enabling care data flows. Uses flexible, risk-based, scalable, technology-neutral approach grounded in documented analysis.
Key Components
- Privacy Rule (45 CFR Part 164 Subparts A/E): PHI use/disclosure limits, minimum necessary, TPO permissions, authorizations, patient rights.
- Security Rule (Subpart C): Administrative, physical, technical safeguards; required/addressable specs.
- Breach Notification Rule (Subpart D): 60-day notifications, four-factor assessments. Seven pillars: scope, individual rights, BAs, enforcement. Compliance enforced by HHS OCR audits/settlements; no formal certification.
Why Organizations Use It
- Mandatory for covered entities (providers, plans, clearinghouses) and business associates.
- Avoids multimillion penalties, reputational harm from breaches.
- Builds cyber resilience, stakeholder trust; enables secure operations, vendor ecosystems.
- Strategic edge in data exchange, partnerships.
Implementation Overview
Ongoing program: risk analysis, policies/procedures, training, safeguards, BAAs, monitoring. Applies U.S. healthcare nationwide, all sizes. Key activities: asset mapping, SRAs, incident response. OCR-driven audits/settlements verify compliance.
NIST 800-171 Details
What It Is
NIST SP 800-171 (Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations) is a U.S. cybersecurity framework providing recommended security requirements for safeguarding CUI confidentiality in nonfederal systems. Tailored from NIST SP 800-53 Moderate baseline, it uses a control-based approach focused on nonfederal contractors and supply chains, applicable via contracts like DFARS 252.204-7012.
Key Components
- 17 families (Rev 3) with ~97 requirements covering access control, audit, configuration, and new areas like supply chain risk management.
- Core artifacts: System Security Plan (SSP) and Plan of Action and Milestones (POA&M).
- Assessment via SP 800-171A (examine/interview/test methods).
- Built on FIPS 200 and SP 800-53; supports tailoring and FedRAMP equivalence.
Why Organizations Use It
- Mandatory for DoD contractors handling CUI to meet contractual obligations and avoid penalties.
- Reduces breach risks, enables CMMC Level 2 certification, enhances market access.
- Builds stakeholder trust, competitive edge in federal procurement.
Implementation Overview
- Phased: scoping, gap analysis, SSP/POA&M development, control deployment, continuous monitoring.
- Targets contractors across sizes/industries; self or third-party assessments required for high-assurance.
Key Differences
| Aspect | HIPAA | NIST 800-171 |
|---|---|---|
| Scope | PHI privacy, security, breach notification for ePHI | CUI confidentiality in nonfederal systems |
| Industry | Healthcare covered entities, business associates (US) | Federal contractors, supply chain (US DoD focus) |
| Nature | Mandatory federal regulation with OCR enforcement | Contractual security requirements via DFARS |
| Testing | Risk analysis, audits, OCR investigations | SP 800-171A assessments, CMMC certifications |
| Penalties | Civil monetary penalties up to $2M annually | Contract ineligibility, SPRS score impacts |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about HIPAA and NIST 800-171
HIPAA FAQ
NIST 800-171 FAQ
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