Does HIPAA Apply to Animals?
HIPAA does apply to animals if details of an animal could be used to identify the subject of Protected Health Information maintained in the same designated record set by a covered entity or business associate. However, HIPAA does not apply to animals in all other circumstances – including when details of animals are maintained in a veterinary medical record.
The most common answer to the question does HIPAA apply to animals is “no”, because the HIPAA Administrative Simplification Regulations apply to Protected Health Information created, received, maintained, or transmitted by a covered entity or business associate that relates to an individual’s health condition, treatment for the health condition, or payment for the treatment.
An “Individual” is defined in HIPAA (§160.103) as “the person who is the subject of the Protected Health Information”, and “person” is defined as “a human who is born alive”. This would imply that HIPAA does not apply to animals. However, there are circumstances in which information about an animal could assume the same protections as Protected Health Information.
When Does HIPAA Apply to Animals?
To understand when does HIPAA apply to animals, it helps to understand terms such as “individually identifiable health information”, “designated record sets”, and “HIPAA identifiers” because these terms contribute to the definition of what is considered Protected Health Information and when HIPAA applies to information about animals.
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Individually Identifiable Health Information
Individually identifiable health information is information collect about an individual’s health, treatment, or payment that identifies the individual directly or “with respect to which there is a reasonable basis to believe the information can be used to identify the individual”.
Designated Record Sets
Designated records sets are records maintained by a covered entity that relate to an individual’s care or payment for the care. A designated record set can consist of a single item of Protected Health Information. For example, a photo of a child on a “baby wall” is a designated record set.
HIPAA Identifiers
HIPAA identifiers are elements of non-health information (i.e., phone number, date of birth, etc.) that can be used to identify the subject of Protected Health Information maintained in a designated record set. When HIPAA identifiers are maintained in a designated record set, they assume the same protections as Protected Health Information.
Ergo … …
If information about an animal (i.e., a service animal or an emotional support animal) is maintained in the same designated record set as Protected Health Information, and the information about the animal could be used to identify the subject of the Protected Health Information, it assumes the same protections as Protected Health Information. In this scenario, HIPAA applies to animals.
Why HIPAA Does Not Apply to Veterinary Medical Records
HIPAA does not apply to veterinary medical records because veterinarians do not conduct electronic transactions for which the Department of Health and Human Services has adopted standards in Part 162 of the HIPAA Administrative Simplification Regulations. However, veterinarians in most states have similar compliance obligations as HIPAA covered entities.
For example, veterinarians in California must comply with the Business and Professions Code which, under §4857 of Chapter 11, Article 3, prohibits veterinarians disclosing information about an animal, its owner, or the treatment the animal received without the informed consent of the owner. Exceptions exist for treatment, payment, and disclosures required by law.
In addition, organizations such as the American Veterinary Medical Association (AVMA) have produced data privacy guidelines for veterinarians which – although voluntary – have similar concepts to HIPAA. Familiar concepts in the AVMA guidelines include collecting the minimum necessary data, encrypting data, and obtaining assurances from business associates.
Does HIPAA Apply to Animals? Conclusion
HIPAA does apply to animals in a limited number of circumstances. In these circumstances, information about the animal must be protected in the same way as Protected Health Information is protected. Individuals and organizations who are unsure about when does HIPAA apply to animals should seek independent advice from a HIPAA compliance professional.
