The HIPAA (Health Insurance Portability and Accountability Act) is a US law crafted to ensure the protection of patient data.
HIPAA sets the standards for information handling in the medical sector, along with more recent legislation, such as:
- 2000’s HIPAA Privacy Rule.
- The HIPAA Security Rule, passed in 2003.
- The Health Information Technology for Economic and Clinical Health Act, a 2009 piece of legislation commonly referred to as “the HITECH Act”.
- 2013’s Omnibus Final Rule.
The HIPAA is strictly enforced, with a violation resulting in very high fines. Healthcare providers, as well as those who facilitate healthcare-related processes (medical interpreting services, for instance), are legally obliged to comply. But it can be challenging. HIPAA compliance is not only a technical effort. It also involves training your team and assessing your partners.
There is cause for concern. Healthcare is only second to the public sector, when it comes to vulnerabilities and information leaks. According to a 2018 Verizon study, 24% of the year’s data breaches affected healthcare organizations. But, what’s the cause of these data breaches? According to Verizon, it’s mostly errors and misuse from internal parties. So, enforcing better internal communication processes is every bit as important as keeping your information systems patched and updated.
In this brief guide, we’ll take a look at how to become HIPAA compliant, through best practices in technology and operations.
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By the way, this is part of our Hospital Expansion guide! Check it out to learn everything you need to take your healthcare services global!
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Aged Systems Are Vulnerable Systems
You might need to replace old hardware and software, to guarantee that sensitive information is stored securely.
Accessing your databases shouldn’t be just about inserting a username and a password. You should request authentication, and you should have mechanisms that detect and block suspicious access attempts. Perform regular vulnerability assessments, and keep your health information system up-to-date.
It’s also worth mentioning that, if you have a telehealth platform and provide services like online consultations, it’s worth analyzing your practices and tools. Is the software you’re using HIPAA compliant? What mechanisms does it have to protect your and your patient’s information? Who would be accountable for data breaches?
HIPAA Compliant Communication Channels
When we take a look at the OCR’s “Wall of Shame”, we might find an interesting detail: Most data breaches occur through email. HIPAA is technology-neutral. It doesn’t specifically address any communication channel or platform. Nor does it require that anything is encrypted. But, while email encryption is not legally required, but it’s crucial to keep information safe.
Part of guaranteeing a great experience to patients has to do with making them feel accompanied. And you make them feel accompanied by being where they are.
Sending automated messages to patients through text, email or even social media is a growing practice in the healthcare sector. And answering a quick question through a text message might be a great, quick way to keep a patient healthy and happy after a procedure. How could we continue to do that using HIPAA-compliant emails, text and social media?
You can encrypt the electronic Protected Health Information (ePHI) in your organization’s text messages. But what if you’re a practitioner who doesn’t have the technological or financial resources to enforce encryption?
There are two options:
- Not exchanging sensitive medical information through text.
- Giving your patients the option to “opt-in” by signing a document in which you explain the security risks involved.
On the other hand, experts recommend that automated notifications and messages are kept generic. This means that no details that could suggest specific treatment or condition should be included.
Are Your Vendors HIPAA Compliant?
Poor information handling practices on the part of your vendors and partners are also a risk factor. Several aspects of becoming HIPAA compliant will probably require external help. For instance, you’ll probably need to partner up with an IT company. Make sure that all your collaborators, new and old, comply with the relevant regulations. A comprehensive software architecture review can significantly enhance the security and efficiency of healthcare systems, aligning them with HIPAA compliance requirements.
Once you have a HIPAA-compliant privacy policy laid out, make sure you share it with partners and have them agree to help you implement it.
HIPAA & Employee Training
Even if we have the right technology and processes in place, there’ll be yet another challenge, and it’ll have to do with your establishment’s culture. Negligence, carelessness or curiosity are the major forces behind data breaches.
Make sure that information can only be accessed by those to whom it’s professionally relevant. Train employees across departments to handle information carefully. Establish and implement ways to preserve effective and constant communication without jeopardizing your patients’ privacy.
How to Become HIPAA Compliant, Step by Step
We already went through an overview of the key aspects of HIPAA compliance. But, how do we begin to transform our organization?
- Establish a security and privacy policy: This includes a policy for email and mobile communications.
- Name someone highly qualified as your Privacy and Security Officer.
- Train your staff: Security breaches begin at home.
- Make your policy public through a clear privacy notice.
- Perform periodic vulnerability checkups.
- Establish a protocol for possible breaches.
- Make sure your business associates are HIPAA-compliant too.
- Promote a culture of carefulness, transparency, and accountability.