Why a European SaaS Should Care About HIPAA
If your health SaaS targets US clients — hospitals, clinics, health insurers, or any organization handling US health data — you must be HIPAA compliant. As a SaaS provider with access to Protected Health Information (PHI), you're a "business associate."
What Is PHI?
Protected Health Information includes any individually identifiable health information: names, dates of birth, Social Security numbers, diagnoses, treatments, and any data that can identify a patient combined with health information. ePHI (electronic PHI) is the core focus for SaaS companies.
The 3 Fundamental HIPAA Rules
1. Privacy Rule
Defines who can access PHI and under what conditions. Requires the minimum necessary standard.
2. Security Rule
Mandates administrative, physical, and technical safeguards to protect ePHI: security policies, encryption, audit trails, access controls, authentication.
3. Breach Notification Rule
Mandatory notification to affected individuals within 60 days and to HHS for any PHI breach.
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Try for FreeThe Business Associate Agreement (BAA)
Before handling PHI, you must sign a BAA with each client defining your obligations for protecting PHI. Without a BAA, your client is in HIPAA violation.
HIPAA + GDPR: The Dual Constraint
As a European SaaS, you must manage both HIPAA and GDPR simultaneously. They have similar but not identical requirements — for example, GDPR requires 72-hour breach notification while HIPAA allows 60 days.
Practical Steps
- Conduct a HIPAA-specific risk assessment for ePHI
- Implement technical controls: AES-256 encryption, audit logs, MFA, RBAC
- Write policies: security policy, incident response plan, access policy
- Prepare your BAA template
- Train your teams on HIPAA requirements (mandatory)
- Document everything — HIPAA requires 6 years of compliance evidence
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