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Definition · Allowed AI at work

De-identification (HIPAA)

De-identification is removing or altering identifiers so health information no longer identifies a person. At that point HIPAA no longer treats it as PHI. HIPAA allows two methods. Safe Harbor removes 18 specified identifiers, with no actual knowledge the rest could identify someone. In Expert Determination, a qualified expert finds re-identification risk very small.

What de-identification is

HIPAA's de-identification standard is at 45 CFR 164.514(a) and (b). Data that meets it is not PHI, so the Privacy Rule's limits on use and disclosure stop applying. That is why de-identified data is used for research, analytics, and vendor testing. The two accepted methods are Safe Harbor and Expert Determination.

Safe Harbor requires removing 18 identifiers. They include names, geography smaller than a state, all dates except year, and ages over 89. Phone, fax, email, and Social Security, medical record, health plan, and account numbers go too. So do license numbers, vehicle and device IDs, URLs, IP addresses, biometrics such as voice prints, full-face photos, and any other unique code. The first three ZIP digits may stay if that area holds more than 20,000 people.

Expert Determination lets a qualified statistical expert apply methods that make re-identification risk very small, and document the analysis. It can keep more detail, such as dates. A limited data set is different: it keeps dates and some geography, is still PHI, and needs a data use agreement. Free text, call audio, and small populations are hard to de-identify reliably.

Questions

De-identification, answered

What are the 18 HIPAA identifiers?
Names, sub-state geography, dates except year, phone numbers, fax numbers, and email addresses. Social Security, medical record, health plan beneficiary, and account numbers. Certificate or license numbers, vehicle identifiers, and device identifiers. URLs, IP addresses, biometric identifiers, and full-face photos. Finally, any other unique identifying number, characteristic, or code.
Safe Harbor vs Expert Determination: which should I use?
Safe Harbor is a checklist: remove all 18 identifiers and have no actual knowledge the remainder could identify anyone. It is simple but strips useful detail like dates. Expert Determination keeps more data but needs a qualified expert's documented analysis. Research and analytics teams often choose it for that reason.
Is removing patient names enough to de-identify data?
No. Dates of service, birth dates, ZIP codes, phone numbers, and record numbers can all identify a person. That risk is higher in a small practice or rural area. Under Safe Harbor every one of the 18 identifiers must go, and you must have no actual knowledge the rest could identify someone.
Do I need to de-identify data before using AI?
Only if the AI tool is not covered by a signed BAA. With a BAA in place, PHI can be processed for permitted purposes without de-identifying it first, though the minimum necessary standard still applies. Rivvi includes a HIPAA BAA on its free plan, so staff can work with real patient files.

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