While the data itself would fit the description of PHI, I don't know if healthcare.gov itself qualifies since it isn't a "health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse". That doesn't mean that it's against best practices. I built an analytics platform for a project with the VA on https://catalyze.io/baas (I also work there), so their are some alternatives to analytics when HIPAA is a concern.
It could depend on whether healthcare.gov signed Business Associate Agreements (BAAs) with the insurers that it's connecting to. If it did have to sign BAAs, then heathcare.gov would be covered under the scope of those BAAs, and would likely have to be complying with the security rule and the privacy rule.
Comments
While the data itself would fit the description of PHI, I don't know if healthcare.gov itself qualifies since it isn't a "health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse". That doesn't mean that it's against best practices. I built an analytics platform for a project with the VA on https://catalyze.io/baas (I also work there), so their are some alternatives to analytics when HIPAA is a concern.
It could depend on whether healthcare.gov signed Business Associate Agreements (BAAs) with the insurers that it's connecting to. If it did have to sign BAAs, then heathcare.gov would be covered under the scope of those BAAs, and would likely have to be complying with the security rule and the privacy rule.