Three Things About HIPAA That You Probably Didn’t Know
More and more health organizations are implementing publicly-exposed web technologies containing Protected Health Information (PHI) which are subject to the laws of HIPAA. Common examples of such systems include Electronic Health Record (EHR), web portal, Patient Portal and mHealth solutions. When those systems become integrated, PHI must travel from one platform to the other – exposing the systems to considerable risks not just in transmission but the very nature that the systems are publicly-exposed. In these situations, ensuring that HIPAA regulations are met has become crucial.
Here are three things about HIPAA that you probably didn’t know:
1. There is no such thing as HIPAA certified hosting
While HIPAA compliant hosting is just a part of achieving HIPAA compliance, it is one of the more challenging aspects of HIPAA compliance. Software-as-a-Service (SaaS) applications and cloud hosting solutions are becoming the norm in healthcare. Both have lower upfront costs for healthcare organizations and require less maintenance. While many hosting providers and software vendors claim to provide HIPAA-certified solutions, the truth is that there is no such thing as a HIPAA certification – not for hosting companies, providers, or any other type of organization.
The Health Insurance Portability and Accountability Act is a set of rules and best practices. HIPAA makes little reference to technical specifications required for hardware, software or security, and it definitely doesn’t have a certifying government body.
It is possible, however, to be HIPAA compliant or seek certifications that encompass the laws of HIPAA or other laws with a similar scope of HIPAA. Examples of these include HITRUST and EHNAC or SOC 2 certifications. James Deck, CEO of Med Tech Solutions, a provider of HIPAA compliant cloud hosting services, explains that “EHNAC accreditation gives our customers the assurance that we are HIPAA compliant”. While these certifications or HIPAA audit services are a great practice for companies that specialize in hosting, they aren’t required for health organizations. James further explains that “Moving to the cloud doesn’t reduce your risk and the cloud alone isn’t necessarily HIPAA compliant. Hosting companies must provide a suite of services on top of their cloud hosting to achieve HIPAA compliance.” Companies can adhere to HIPAA regulations, put safeguards in place to ensure that policies are being met, and have the proper documentation to ensure compliance (e.g. a signed Business Associate Agreement)
2. Contact Us and Intake forms are permitted on websites
Website forms offer an easy and convenient way for patients to communicate with office staff – whether it is to schedule an appointment, complete an intake form, or to ask a general question. They are also one of the most vulnerable sections of any healthcare website because patient information is collected and inevitably transmitted online.
Despite the risks associated with contact and intake forms, they are allowed on medical websites as long as the necessary steps are taken to safeguard PHI (e.g. name, phone number and medical information), which is protected by HIPAA. What you need to do is make sure that your website properly deploys an SSL certificate. This encrypts information sent from the user’s browser to your web server. In addition to ensuring that the form is encrypted, you will want to make sure that the forms are transmitted, accessed and viewed by office staff in a secure way, like a HIPAA-compliant, encrypted email service. It is also recommended to provide a disclaimer and clear instructions for how the form should be used, essentially releasing the the healthcare organization from liability for the transmission of PHI through the form.
If you’re unsure about the security of your online forms, the best advice is to consult a HIPAA expert. They can check your website for compliance and provide best practices for medical website security. In the meantime, you may choose to add a disclaimer to your website asking patients not to enter health information in any form. Instead, they can call your office with specific medical questions, or you can direct them to your patient portal.
3. Emailing patients is okay, even if the email on their end is unencrypted
The first thing that you need to know about HIPAA and email communication with patients is that HIPAA provides very little specific guidelines about what is acceptable and what isn’t when it comes to electronic messaging. One important thing that we do know is that “the Privacy Rule allows covered health care providers to communicate electronically, such as through e-mail, with their patients, provided they apply reasonable safeguards when doing so.”
Many providers think that using encrypted email is enough of a precaution; however, that is incorrect. Even though your hospital or practice encrypts its end of the email transport, there is no way to ensure that the communication is secure once it leaves your organization’s server. Still, this doesn’t mean that emailing patients is off the table.
Communicating with patients via email is perfectly acceptable as long as the patient requests to be contacted by email and is advised of the risks, ideally signing (or clicking) an opt-in agreement. Just make sure that you document the patient’s approval for your protection and are using a secure email system on your end.
For more information about HIPAA compliance best practices and how a patient portal helps make HIPAA secure messaging easy, contact a Bridge Patient Portal sales representative.