Healthcare providers and business partners must follow HIPAA compliance requirements. Otherwise, they will risk financial and criminal consequences. HIPAA was enacted in 1996 but has been amended to keep up with technology.
The last significant change was in 2013. Modifications to the Final Omnibus Rule’s Security Rule and Breach Notification Rule were added.
One of the requirements of the Final Omnibus Rule is that business associates be included in a compliance strategy. Healthcare providers must now ensure that all patient information is HIPAA-compliant.
How can you be sure your app developers, hosting companies, and cloud service providers follow the law? Follow the instructions to comply and minimize the risk of a breach.
HIPAA Compliance Requirements
1. The HIPAA Privacy Rule
The HIPAA Privacy Rule, the country’s gold standard, protects patients’ medical record privacy. It describes electronic protected health information (ePHI), how to preserve it, and its permitted uses. The HIPAA security rules include paperwork and exemptions for companies that handle ePHI. A covered organization or related entity protects ePHI. Protected health information includes the following:
- Physical and mental health records from the past, present, and future
- All medical files about the patient
- Payment histories, current balances, and projected healthcare costs
Covered entities could only divulge PHI for patient care, research, or legal actions. These are particular cases that are open to judicial interpretation. Covered Entities and Business Associates are legally accountable for safeguarding ePHI.
2. The HIPAA Security Rule
Once privacy and ePHI are defined, data security may be addressed. HIPAA Security Rules require the protection of electronic health information.
These measures encompass all parts of the covered entity’s activities, including ePHI security. It covers technology, administration, physical device safeguards, and more.
There are three distinct categories of restrictions detailed in this regulation.
- Administrative
ePHI security policies and processes, system design, risk assessment, system maintenance, the Human Resources department, and staff development are also included in healthcare administration.
- Physical
Physical defenses keep computers, routers, switches, and data security. Under this guideline, only authorized workers may access sensitive information.
- Technological
Cybersecurity protects ePHI using computers, mobile phones, encryption, network security, and device security.
3. The HIPAA Breach Notification Rule
If a security breach occurs, the Breach Notification Rule outlines what must be done. It is nearly impossible to completely secure data. That’s why firms must have strategies to tell the public and HIPAA breach victims about what occurred and what to do next.
Breach Notification Law explains what Covered Entities must do after a data breach.
- Informing those who have been affected by a security breach. Notice of a data breach must be sent to affected individuals formally, in writing, using either first-class mail or email (if applicable).
- Covered Entities must post a 90-day notification if they don’t have contact information for more than ten breach victims.
- The Entity has 60 days to notify the affected parties when a breach occurs.
- When more than 500 people are impacted, the law compels the entity to notify the public through local media.
- If the exposure affects more than 500 people, the entity must additionally inform the Secretary of Health within 60 days. If it’s less, the organization has until the end of the year to inform the secretary.
A covered entity must follow specified notification processes if a business partner learns of a breach.
4. The HIPAA Omnibus Rule
The more recent Omnibus rule extends the scope of requirements to non-covered entities. The Omnibus Rule opens business associates’ and contractors’ compliance duties. Business associates and contractors must be considered in the review, risk analysis, and compliance.
Must-Have HIPAA Compliance Checklist for Your Company
5. Look Through Your Processes and Rules
The HIPAA Rules require that firms’ policies match regulatory requirements. Evaluate and adapt policies and practices to reflect OCR changes and notify stakeholders and patients. A HIPAA-ready cloud platform allows users to change and distribute rules.
6. Employee Education
Under HIPAA regulations, training is mandatory for all workers. Regular exercise helps employees grasp HIPAA rules and prevent unintended violations. Authorized users may add HIPAA training courses, nominate trainees, and set a training schedule on our platform.
7. Conducting Risk Analyses and Internal Audits
Covered entities and business partners should conduct HIPAA audits and risk assessments. HIPAA lets organizations automate these operations with a few mouse clicks. Find and address vulnerabilities that might jeopardize health data.
8. Corrective Measures
After self-audits and risk assessments, covered businesses and partners must take corrective action. All of these steps and their associated dates—including the times when the gaps will be filled—must be recorded accurately.
9. Handling Emergencies
HIPAA Breach Notification Rule mandates businesses to establish incident management plans. Patients must be informed that their protected health information has been exposed, and the breach must be recorded.
10. Incorporating Business Associate Agreements
BAAs must be signed by all vendors who send, make, receive, or store PHI for covered firms or business affiliates.
These pacts should be examined and revised once a year to reflect any changes in their professional or institutional ties. BAAs must be in place before the exchange of any PHI.
11. Data
The documentation requirements of the HIPAA compliance manual are the most crucial. According to UHIN’s compliance officer, auditors obtained 127 documents. That includes construction blueprints, organizational flowcharts, password rules, training records, and more.
If you use our program to keep track of all the necessary papers, you won’t have to worry about scrambling to locate them just before an official audit.
Who Needs to Be HIPAA-Compliant?
The purpose of HIPAA is to establish standards for the healthcare industry. HHS divides firms into three classes with varying compliance obligations.
Providers, or covered entities, are healthcare workers with access to PHI. By providing treatments and accepting HIPAA-compliant payment cards, they produce and transmit PHI. All of HIPAA’s requirements must be met by these businesses.
The following are some examples of entities that are protected:
- Physicians
- Hospitals
- Psychologists
- Dentists
- Nursing Facilities for the Elderly
- Pharmacies
- Healthcare insurance companies
In addition to the covered company, business associates include non-healthcare-providing persons or services. These entities interact with covered entities and have PHI access. Several companies provide their services to the medical sector under this umbrella.
The following are some types of companies that are considered business partners:
- The Data Storage Industry
- IT providers
- Professional accountants
- Consultants
- Platforms for EHR
- Third-party advisors
- Billing agencies
- Administrators
- Providers of cloud services
- Attorneys
- CPA companies
Conclusion
Custom healthcare software development relies heavily on meeting stringent regulatory requirements like HIPAA.
Your company has to be aware of any potential impacts. Using a HIPAA software checklist may help secure patients’ health information. It will conform to privacy, security, and breach requirements.
HIPAA compliance involves a long list of procedures, as you can see. It’s crucial to ensure you meet all the newest HIPAA regulations. Obtaining full HIPAA compliance is time-consuming, even with a compliance checklist. It is where the HIPAA service provider comes in.
