Agent skill

Hitech Act Privacy

by mukul975 in mukul975/Privacy-Data-Protection-Skills

Implements HITECH Act privacy and security requirements including breach notification expansion, four-tier penalty structure, state attorney general enforcement authority, EHR meaningful use privacy…

Apache-2.0Auto-check passedLegal & Compliance

Install Hitech Act Privacy

skills CLI
$ npx skills add mukul975/Privacy-Data-Protection-Skills --skill hitech-act-privacy -a claude-code

Project install by default; add -g for ~/.claude/skills/.

GitHub CLI
$ gh skill install mukul975/Privacy-Data-Protection-Skills hitech-act-privacy --agent claude-code

Project scope by default; add --scope user for a personal install. Needs GitHub CLI 2.90.0 or later (public preview).

Manual copy
$ git clone --depth 1 https://github.com/mukul975/Privacy-Data-Protection-Skills.git skills-src && mkdir -p .claude/skills && cp -r skills-src/skills/privacy/hitech-act-privacy .claude/skills/hitech-act-privacy && rm -rf skills-src

Use ~/.claude/skills/ instead of .claude/skills for a personal install. The folder must contain SKILL.md.

Claude Code skills documentation · loads skills from .claude/skills/

Facts

Skill name
hitech-act-privacy
GitHub stars
301
Token cost
~3.3k tokens
SKILL.md length
1,551 words
Files
5 (incl. scripts, references, assets)
Skills in repo
280
Repo updated
First seen
Licence
Apache-2.0

At a glance

Implements HITECH Act privacy and security requirements including breach notification expansion, four-tier penalty structure, state attorney general enforcement authority, EHR meaningful use privacy…

  • Tasks that involve Healthcare and finance regulation
  • SKILL.md covers Overview, Breach Notification — HITECH…, Penalty Structure — HITECH… and State Attorney General…, plus 7 more sections
  • Runs Python scripts from its folder
  • Tasks that involve Clinical and healthcare research

What it does

Hitech Act Privacy is an agent skill from mukul975/Privacy-Data-Protection-Skills. Implements HITECH Act privacy and security requirements including breach notification expansion, four-tier penalty structure, state attorney general enforcement authority, EHR meaningful use privacy conditions, and business associate direct liability. Keywords: HITECH Act, breach notification, penalty tiers, state AG enforcement, meaningful use, EHR privacy.

Its SKILL.md is about 3.3k tokens, which your agent loads only when the skill is triggered. The skill folder holds 7 other files, including scripts, reference files and assets (for example `assets/template.md`, `references/standards.md` and `references/workflows.md`).

It sits in Legal & Compliance, covering Healthcare and finance regulation, Clinical and healthcare research and Privacy and GDPR. The repository describes itself as: 282+ structured privacy & data protection skills for AI agents. GDPR, CCPA, EU AI Act, HIPAA, LGPD, PIPL, DPDP Act. The licence is Apache-2.0.

When your agent uses it

  • Tasks that involve Healthcare and finance regulation
  • Tasks that involve Clinical and healthcare research
  • Tasks that involve Privacy and GDPR

Example prompts

  • “Use the hitech-act-privacy skill to implement HITECH Act privacy and security requirements including breach notification expansion, four-tier…”
  • “/hitech-act-privacy”

Requirements

  • Python 3

What it can do on your machine

Read from SKILL.md and the folder at commit 9b2ef9e. It shows what the files ask for, not the result of running them.

  • Tool permissions

    Pre-approves nothing: there is no allowed-tools line, so your agent's usual permission prompts apply.

    From allowed-tools in the SKILL.md frontmatter.

  • Runs code

    Ships 1 file in scripts/ (Python), which the agent can run.

    From the folder's file list and the shell code blocks in SKILL.md.

  • Network

    No URLs in SKILL.md.

    From URLs in SKILL.md, links to its own repository left out.

  • Credentials

    Names no API keys, tokens, secrets or passwords.

    From names ending in _API_KEY, _TOKEN, _SECRET, _KEY or _PASSWORD in SKILL.md.

Context cost

Hitech Act Privacy loads about 3.3k tokens when it runs, and up to ~4.9k if it reads all its reference files. Until then it costs about 95 tokens; SKILL.md has 1,551 words of instructions outside code blocks.

Always · name and description, kept in context so the agent knows when to use it
~95
When it runs · the whole SKILL.md, loaded when a task matches
~3.3k
With references · SKILL.md plus every file in references/, read only if the agent opens them
~4.9k

Estimates: characters ÷ 4, the usual rule of thumb; real counts depend on the model's tokenizer. Scripts and assets cost tokens only if the agent reads them.

Safety

Auto-check passed

The automated check found no risky patterns in SKILL.md.

Automated static check — not a guarantee. Review scripts before installing. It scans the text of SKILL.md for risky patterns (piping downloads into a shell, reading credential files, hidden Unicode, destructive commands); the scripts in this folder are not scanned.

SKILL.md

The full file from mukul975/Privacy-Data-Protection-Skills at commit 9b2ef9e, republished under its Apache-2.0 licence (© mukul975). 1,551 words, ~3,268 tokens.

Download SKILL.mdSave it as .claude/skills/hitech-act-privacy/SKILL.md (or your agent's skills folder). This skill also uses 4 other files; get the full folder from GitHub.
name
hitech-act-privacy
description
Implements HITECH Act privacy and security requirements including breach notification expansion, four-tier penalty structure, state attorney general enforcement authority, EHR meaningful use privacy conditions, and business associate direct liability. Keywords: HITECH Act, breach notification, penalty tiers, state AG enforcement, meaningful use, EHR privacy.
license
Apache-2.0
metadata.author
mukul975
metadata.version
1.0
metadata.domain
privacy
metadata.subdomain
healthcare-privacy
metadata.tags
hitech-act, breach-notification, penalty-tiers, state-ag-enforcement, meaningful-use, ehr-privacy

HITECH Act Privacy and Security Requirements

Overview

The Health Information Technology for Economic and Clinical Health (HITECH) Act was enacted as Title XIII of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5). HITECH fundamentally transformed HIPAA enforcement by establishing breach notification requirements, creating a four-tier penalty structure with significantly increased penalties, granting enforcement authority to state attorneys general, extending HIPAA Security Rule requirements directly to business associates, and tying privacy and security compliance to the Electronic Health Record (EHR) meaningful use incentive program. The 2013 Omnibus Rule (78 FR 5566) implemented most HITECH provisions into the HIPAA regulatory framework.

Breach Notification — HITECH §13402

Establishment of Federal Healthcare Breach Notification

Prior to HITECH, HIPAA had no breach notification requirement. HITECH §13402 created the obligation for covered entities and business associates to notify individuals, HHS, and in some cases the media, following a breach of unsecured PHI.

Key provisions enacted by HITECH:

ProvisionHITECH SectionImplementation
Individual notification within 60 days§13402(a)Codified at 45 CFR §164.404
HHS notification for breaches of 500+ immediately; under 500 annually§13402(e)(1)-(3)Codified at 45 CFR §164.408
Media notification for 500+ in a state/jurisdiction§13402(e)(2)Codified at 45 CFR §164.406
State AG notification for 500+ in a state§13402(e)(3)45 CFR §164.408(c)
BA obligation to notify CE§13402(b)Codified at 45 CFR §164.410
Unsecured PHI definition and safe harbor for encryption/destruction§13402(h)HHS guidance at 74 FR 19006
Evolution of the Breach Standard

HITECH originally used a "harm standard" — notification was required only if there was a significant risk of financial, reputational, or other harm. The 2013 Omnibus Rule replaced this with the "low probability of compromise" standard under the four-factor risk assessment (§164.402(2)), which is more protective of individuals. Under this standard, an impermissible use or disclosure is presumed to be a breach unless the entity demonstrates low probability of compromise.

Penalty Structure — HITECH §13410

Four-Tier Civil Monetary Penalty Framework

HITECH §13410(d) replaced the single-tier HIPAA penalty structure with a graduated system based on culpability:

TierCulpability LevelPer Violation (2024 adjusted)Annual Cap (2024 adjusted)Correction Possible
ADid not know and would not have known by exercising reasonable diligence$137 – $68,928$2,067,813Must correct within 30 days
BReasonable cause (not willful neglect)$1,379 – $68,928$2,067,813Must correct within 30 days
CWillful neglect — timely corrected$13,785 – $68,928$2,067,813Corrected within 30 days of knowledge
DWillful neglect — not timely corrected$68,928 – $2,067,813$2,067,813Investigation/penalty mandatory

Penalty amounts are adjusted annually for inflation under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

Criminal Penalties

HITECH preserved and enhanced criminal penalties under 42 USC §1320d-6:

TierConductMaximum Penalty
1Knowingly obtaining or disclosing PHIUp to $50,000 fine and 1 year imprisonment
2Offenses committed under false pretensesUp to $100,000 fine and 5 years imprisonment
3Offenses with intent to sell, transfer, or use for commercial advantage, personal gain, or malicious harmUp to $250,000 fine and 10 years imprisonment
Percentage of CMPs and Settlements to Affected Individuals — §13410(c)(2)

HITECH §13410(c)(2) directed HHS to establish methods for distributing a percentage of CMPs and settlement amounts to individuals harmed by HIPAA violations. HHS has not yet issued final regulations implementing this provision, but OCR has included equitable relief provisions in certain settlement agreements.

State Attorney General Enforcement — HITECH §13410(e)

Authority Granted

HITECH §13410(e) authorized state attorneys general to bring civil actions in federal district court on behalf of state residents who may have been affected by HIPAA violations. This was a significant expansion — previously only HHS/OCR could enforce HIPAA.

Requirements for State AG Actions
RequirementDetail
Prior notice to HHSState AG must provide notice to the Secretary of HHS before filing suit
HHS intervention rightHHS may intervene and assume primary responsibility for the action
No action during pending HHS actionState AG may not bring action during a pending HHS action against the same entity for the same violation
Remedies availableInjunctive relief, damages (up to $100 per violation, $25,000 per calendar year per identical violation), attorneys' fees
State AG Enforcement Precedents
StateYearEntityOutcome
Connecticut2010Health Net of Connecticut$250,000 settlement — first state AG action under HITECH; loss of unencrypted hard drive with PHI of 1.5 million individuals
Minnesota2011Accretive Health$2.5 million settlement — unauthorized access to PHI; failure to have BAA
Indiana2014WellPoint (Anthem)$1.9 million penalty — application vulnerability exposing ePHI of 612,402 individuals; state AG used HITECH authority alongside state law
New York2021EyeMed Vision Care$600,000 settlement — email phishing breach exposing PHI of 2.1 million; state AG cited HITECH and state consumer protection
New Jersey2019Virtua Medical Group$418,000 settlement — disclosure of PHI to vendor without BAA

Business Associate Direct Liability — HITECH §13401

Pre-HITECH vs Post-HITECH
AspectPre-HITECHPost-HITECH (§13401)
Security Rule complianceContractual obligation through BAA only; no direct regulatory liabilityBAs directly subject to Security Rule; enforceable by OCR and state AGs
Privacy RuleBAs bound only by BAA termsBAs directly liable for impermissible uses/disclosures; subject to minimum necessary
PenaltiesOnly covered entities subject to HIPAA penalties; BAs subject only to breach of contractBAs subject to same civil and criminal penalties as covered entities
SubcontractorsNo regulatory requirementsSubcontractors treated as BAs; must have BAAs in place
Impact on Asclepius Health Network

Asclepius Health Network manages 47 business associate relationships. Post-HITECH, each BA must:

  • Independently comply with all Security Rule administrative, physical, and technical safeguards
  • Report breaches to Asclepius within 5 business days per the BAA
  • Demonstrate compliance through annual security assessments
  • Flow down BAA requirements to their subcontractors
Show full SKILL.md (623 more words)Show less

EHR Meaningful Use Privacy Conditions — HITECH §13401(b)

Privacy and Security as Prerequisites for Incentive Payments

HITECH created the Medicare and Medicaid EHR Incentive Programs (now known as Promoting Interoperability) with total payments exceeding $38 billion. Privacy and security compliance is a prerequisite for receiving incentive payments:

Meaningful Use StagePrivacy/Security Requirements
Stage 1 (2011-2013)Conduct or review a security risk analysis; implement security updates; correct identified security deficiencies
Stage 2 (2014-2016)All Stage 1 requirements plus: address encryption/security of data at rest; enable patient electronic access to health information
Stage 3 / Promoting Interoperability (2017+)Security risk analysis; patient electronic access; secure messaging; API access; ONC Health IT Certification privacy and security criteria
Privacy Requirements in Health IT Certification

ONC Health IT Certification Criteria (45 CFR Part 170) require certified EHR technology to support:

  • Authentication, access control, and authorization
  • Auditable events and tamper-resistance
  • Automatic access time-out
  • Emergency access
  • End-user device encryption
  • Integrity verification
  • Accounting of disclosures
  • Amendments to health information
  • Consent management (including segmentation for Part 2 and state-specific restrictions)

Asclepius Health Network uses ONC-certified Epic EHR and verifies that each software version maintains certification for privacy and security criteria. The Promoting Interoperability dashboard tracks privacy measure compliance for CMS attestation.

Accounting of Disclosures Expansion — HITECH §13405(c)

HITECH Expansion

HITECH §13405(c) expanded the right to an accounting of disclosures to include disclosures through an electronic health record for treatment, payment, and healthcare operations (previously excluded under HIPAA §164.528). The accounting period was set at 3 years (rather than HIPAA's 6 years) for EHR disclosures.

Status: HHS published a Notice of Proposed Rulemaking in 2011 (76 FR 31426) proposing an "access report" approach but withdrew the NPRM and has not issued a final rule. The HITECH provision is self-executing in the statute but implementation guidance remains pending.

Restrictions on Sale of PHI — HITECH §13405(d)

HITECH §13405(d) prohibits a covered entity or business associate from receiving direct or indirect remuneration in exchange for PHI without a valid authorization from the individual that states whether the PHI can be further exchanged for remuneration.

Exceptions
ExceptionDescription
Public healthDisclosures for public health activities under §164.512(b)
ResearchReasonable cost-based fee for preparing and transmitting PHI for research
Treatment and paymentNormal treatment and payment activities
Transfer of businessSale, transfer, merger of covered entity
BA servicesRemuneration is for services BA provides on behalf of CE
Individual requestIndividual requests own PHI
HHS-determined exceptionsOther purposes determined by HHS through regulation

Minimum Necessary Enhancement — HITECH §13405(b)

HITECH directed HHS to issue guidance making the minimum necessary standard more specific:

  • Until HHS issues guidance, the limited dataset standard (§164.514(e)) is the floor for minimum necessary when PHI is in electronic form and a limited dataset would accomplish the purpose
  • HHS has not issued the final rule, but the provision is self-executing to the extent described

Enforcement Milestones Under HITECH

YearActionSignificance
2009HITECH enactedFour-tier penalties, breach notification, BA liability, state AG enforcement
2010Interim Final Breach Notification RuleInitial implementation of breach notification with harm standard
2011First resolution agreement post-HITECH (Cignet Health, $4.3M)Demonstrated willingness to impose significant penalties
2013Omnibus RuleComprehensive implementation of HITECH provisions into HIPAA regulations
2016Advocate Medical Group ($5.55M)Largest fine at the time; multiple breaches involving unencrypted devices
2018Anthem ($16M)Largest HIPAA settlement; demonstrated HITECH penalty levels for major breaches
2020-2024Annual penalty adjustmentsInflation-adjusted penalties increasing annually

Integration Points

  • hipaa-breach-notify: HITECH created the breach notification framework implemented in the Breach Notification Rule
  • hipaa-privacy-rule: HITECH strengthened Privacy Rule provisions including restrictions on sale of PHI and minimum necessary
  • hipaa-security-rule: HITECH extended Security Rule directly to business associates
  • hipaa-baa-management: HITECH created BA direct liability and subcontractor requirements
  • hipaa-risk-analysis: Risk analysis is a prerequisite for EHR meaningful use/Promoting Interoperability attestation

© mukul975, Apache-2.0. Rendered from Markdown: HTML in the file is shown as text, images as links, and headings moved down two levels. Raw file

Files

SKILL.md and 4 other files (scripts, references, assets) in skills/privacy/hitech-act-privacy of mukul975/Privacy-Data-Protection-Skills.

  • SKILL.md
  • assets/template.md
  • references/standards.md
  • references/workflows.md
  • scripts/process.py

Open the folder on GitHubat commit 9b2ef9e

Compare with similar skills

Hitech Act Privacy next to the 5 skills that share the most tags, products or categories with it. Stars are the repository's; “used in” counts other GitHub owners with a copy.

Hitech Act Privacy compared with similar skills
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Hipaa ComplianceSushegaad/Claude-Skills-Governance-Risk-and-Compliance9461 repos~2.3kAutomated safety check: PassMIT
Clinical Reportsdavila7/claude-code-templates33k11 repos~9.9kAutomated safety check: NotesMIT
Audit Reportharness/harness-skills115—~1.3kAutomated safety check: PassApache-2.0
Anne WojcickiK-Dense-AI/mimeographs129—~1.5kAutomated safety check: PassMIT

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Questions about Hitech Act Privacy

What does Hitech Act Privacy do?

Implements HITECH Act privacy and security requirements including breach notification expansion, four-tier penalty structure, state attorney general enforcement authority, EHR meaningful use privacy…. Hitech Act Privacy is an agent skill from mukul975/Privacy-Data-Protection-Skills. Implements HITECH Act privacy and security requirements including breach notification expansion, four-tier penalty structure, state attorney general enforcement authority, EHR meaningful use privacy conditions, and business associate direct liability.

When should I use Hitech Act Privacy?

Hitech Act Privacy fits situations like: tasks that involve Healthcare and finance regulation; tasks that involve Clinical and healthcare research; tasks that involve Privacy and GDPR.

How do I install Hitech Act Privacy in Claude Code?

Run `npx skills add mukul975/Privacy-Data-Protection-Skills --skill hitech-act-privacy -a claude-code`. Or copy the skill folder (skills/privacy/hitech-act-privacy in mukul975/Privacy-Data-Protection-Skills) into .claude/skills/hitech-act-privacy in your project. Claude Code loads it when a task matches its description.

How do I install Hitech Act Privacy in Codex?

Run `npx skills add mukul975/Privacy-Data-Protection-Skills --skill hitech-act-privacy -a codex`. Or copy the skill folder (skills/privacy/hitech-act-privacy in mukul975/Privacy-Data-Protection-Skills) into .agents/skills/hitech-act-privacy in your project. Codex loads it when a task matches its description.

Can I use Hitech Act Privacy in Cursor, Gemini CLI or GitHub Copilot?

Cursor, Gemini CLI, GitHub Copilot and OpenCode also load SKILL.md folders. With the skills CLI, run `npx skills add mukul975/Privacy-Data-Protection-Skills --skill hitech-act-privacy -a cursor` (or -a gemini-cli, github-copilot or opencode for the others). To copy it by hand, put the folder in .cursor/skills/hitech-act-privacy, .gemini/skills/hitech-act-privacy, .github/skills/hitech-act-privacy and .opencode/skills/hitech-act-privacy in your project.

What does Hitech Act Privacy need to run?

Going by SKILL.md and its folder, Hitech Act Privacy needs Python for the scripts in its folder. Our summary lists: Python 3.

Does Hitech Act Privacy access the network?

SKILL.md contains no URLs. Any network use would come from the scripts or tools the agent runs. This is read from the text; nothing was executed.

Is Hitech Act Privacy safe to install?

Our automated static check of SKILL.md found no risky patterns, such as piping downloads into a shell, reading credential files or hidden Unicode. It is not a guarantee. The check reads SKILL.md only: the scripts in the folder are not scanned, so read them before running anything.

What licence does Hitech Act Privacy use?

Hitech Act Privacy is published under the Apache-2.0 licence (declared in SKILL.md). It allows redistribution, so the full SKILL.md is shown on this page.

How many tokens does Hitech Act Privacy use?

About 3.3k tokens (SKILL.md is roughly 13k characters). Agents keep only the skill's name and description in context until a task matches; then they load SKILL.md in full. Its references folder adds about 1.6k tokens, read only when the agent opens those files.

What are the alternatives to Hitech Act Privacy?

Skills that share tags, products or a category with Hitech Act Privacy: HIPAA Safe Harbor Coverage Audit (maziyarpanahi/openmed, 5.5k stars), Hipaa Compliance (Sushegaad/Claude-Skills-Governance-Risk-and-Compliance, 946 stars), Clinical Reports (davila7/claude-code-templates, 33k stars) and Audit Report (harness/harness-skills, 115 stars). The comparison table on this page puts their stars, adoption, token cost, safety result and licence side by side.

Who maintains Hitech Act Privacy?

mukul975 (a GitHub user) maintains it in mukul975/Privacy-Data-Protection-Skills, which has 301 GitHub stars. The repository holds 280 skills in this directory. The repository was last updated on March 16, 2026.

Source: mukul975/Privacy-Data-Protection-Skills on GitHub. Facts on this page come from the repository at the commit we read; the author's words are quoted as theirs.