HIPAA or The Health Insurance Portability and Accountability Act of 1996, is a set of standards for maintaining privacy and security when handling patients’ medical records. HIPAA compliance is essential for healthcare organizations that handle sensitive information, such as protected health information (PHI). In this article, read about everything you need to know about HIPAA compliance and how it applies to your organization. If you’re responsible for implementing an electronic health record (EHR) system at your organization, knowing if it is compliant with the latest update to the HIPAA Privacy Rule is essential.
The Health Insurance Portability and Accountability Act (HIPAA), which was passed by Congress in 1996, specifies who can access or retrieve a patient’s medical records. This law set limits on the use and release of medical records, and established a series of privacy standards for health care providers to follow HIPAA compliance. The HIPAA privacy and security obligations of a healthcare provider are fundamentally unchanged by transitioning to an EMR / EHR system, but may require adjustments in practice.
Providers must inform patients of their HIPAA privacy and security rights, and must outline the policies and procedures they undertake to meet these obligations. While a health care provider owns a patient’s medical records, the patient has a right to access and ask for copies of the original medical record. Providers may not charge patients for locating and providing access to these files, but may charge “reasonable fees” for making copies, if so requested. The limits of “reasonable fees” are set by state law and vary widely. HIPAA does not prohibit charging attorneys or insurers a search and retrieval fee in addition to any copying fees.
Note that HIPAA privacy and security rights requires medical records to be retained by a provider for at least six years after either the later of the date of creation or the date when last in effect. State laws may require longer holding periods.
In the case of other providers who are covered entities, patient authorization is not required for disclosure to another health care provider for patient treatment or payment. Patient authorization is not required for health care operations if the receiving party also has a relationship with the patient and the information disclosed is used for performing care quality assessment, performance review or training, or for fraud detection.
In addition to specifying access rights for patients and limiting fees they may be charged, HIPAA privacy and security rights also limits disclosure or release of patient medical records to third parties without patient authorization.
There are numerous special situations, but the most common involve requests for information regarding deceased individuals and minors. In the case records for deceased person, a death certificate and legal documentation appointing a valid representative of the estate are both required for any information release under HIPAA compliance. In the case of a minor, which in most, but not all, cases is someone under age 18, written consent from the parent or other legal guardian is required for information release.
If you receive a subpoena, HIPAA requires a health care provider to obtain “satisfactory assurances” that the patient whose records are being requested has received notice of the subpoena or request, has had adequate time to consider it, and has not objected to it. However, so-called “super-confidential” information is protected by more stringent rules, which can complicate compliance efforts.
Super-confidential medical records containing drug and alcohol, mental health and HIV information are subject to more stringent federal and State laws under HIPAA. As a result, physician practices must determine if medical records contain super-confidential information before releasing them.
In general, a physician practice can release super-confidential records only upon a court order or upon receipt of a HIPAA Authorization signed by the patient which explicitly acknowledges the the records contain drug and alcohol or mental health record information.
Another exception is made for information related to mental health treatment, and in many cases need not be released even at the patient’s request.
These provisions are complex, and it is important to make sure that all personnel at your practice understand these HIPAA compliance issues and that they have ready access to a manual outlining appropriate procedures. In addition, it is good HIPAA compliance practice to ask for written authorization from a patient to release information when possible, regardless of the situation. While redundant in many situations, penalties for willful non-compliance or negligence in meeting HIPAA data security and privacy rules can be substantial.
Tips for Maintaining HIPAA Compliance When Using an EHR
An EHR system is only compliant with HIPAA if it has been certified by the Office of the National Coordinator for Health Information Technology (ONC). This certification ensures that the system has met the minimum technical requirements for interoperability. The organization using the EHR system must also be compliant with HIPAA.
Here are some tips for maintaining HIPAA compliance when using an EHR:
- Use a HIPAA compliant EHR system: You can determine if an EHR system is compliant by looking at the system’s compliance report. If the system hasn’t been certified, you will have to manually enter or embed the necessary security provisions that qualify it as compliant
- Train staff on HIPAA compliance: Ensure all the staff members are familiar with HIPAA compliance standards
- Create a security plan: Document the security practices used by your organization, including how you will handle breaches if they occur
- Monitor system activity: Monitor system activity regularly to make sure no unauthorized access is occurring
- Maintain up-to-date technology: Update your technologies as necessary. This includes making sure your computer systems have the most recent security patches installed to prevent cyber attacks
Conclusion
HIPAA compliance is essential for healthcare organizations that handle sensitive information, such as protected health information (PHI). An EHR system is only compliant with HIPAA if it has been certified by the Office of the National Coordinator for Health Information Technology (ONC). The organization using the EHR system must also be compliant with HIPAA.
If you’re responsible for implementing an EHR system, knowing if it’s compliant with the latest update to the HIPAA Privacy Rule is essential.
Frequently asked Questions
What You Need to Know About HIPAA Compliance
HIPAA compliance is a standard of care for handling the medical information of patients. The goal of HIPAA is to protect the privacy of patients and to ensure that their medical information is accessible when needed. HIPAA was established to protect patient data and help prevent identity theft. The HIPAA Privacy Rule governs the use and disclosure of a patient’s medical information. The Privacy Rule also governs how individuals can access and correct their medical records. The Privacy Rule applies to any organization, person, or entity that is involved in the medical field, like doctors, medical assistants, insurance companies, medical billers, and more. To be compliant with HIPAA, organizations must have a written plan that explains how they will protect the privacy of patients’ medical information.
How Does HIPAA Compliance Apply to EHRs?
The HIPAA Privacy Rule applies to all uses of electronic protected health information (ePHI), which is any information pertaining to a patient’s medical history or current medical condition. This may include demographic and contact information, such as names and addresses, as well as health insurance information. The Rule also applies to information from an individual’s medical record, such as laboratory test results, diagnosis, and progress notes. The HIPAA Security Rule applies to all ePHI that’s electronically stored or transmitted.
This includes data that is:
- Transferred between health care providers and individuals
- Stored by health care providers
- Stored by business associates working with health care providers
What Constitutes a Compliant Electronic Health Record?
There are two conditions to be met in order to ensure an EHR system is compliant with HIPAA:
- The EHR must be certified: An EHR system is only compliant with HIPAA if it has been certified by the Office of the National Coordinator for Health Information Technology (ONC). This certification ensures that the system has met the minimum technical requirements for interoperability.
- The organization using the EHR system must be compliant with HIPAA.
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Plagiarism Changed Done
HIPAA or The Health Insurance Portability and Accountability Act of 1996, is a set of standards for maintaining privacy and security when handling patients’ medical records. HIPAA compliance is essential for healthcare organizations that handle sensitive information, such as protected health information (PHI). In this article, read about everything you need to know about HIPAA compliance and how it applies to your organization. If you’re responsible for implementing an electronic health record (EHR) system at your organization, knowing if it is compliant with the latest update to the HIPAA Privacy Rule is essential.
In general, a physician practice can release super-confidential records only upon a court order or upon receipt of a HIPAA Authorization signed by the patient which explicitly acknowledges the the records contain drug and alcohol or mental health record information.
There are two conditions to be met in order to ensure an EHR system is compliant with HIPAA: The EHR must be certified and the organization using it must be compliant. – An EHR system is only compliant with HIPAA if it has been certified by the Office of the National Coordinator for Health Information Technology (ONC). This certification ensures that the system has met the minimum technical requirements for interoperability. – The organization using the EHR system must be compliant with HIPAA.
- Train staff on HIPAA compliance: Ensure all the staff members are familiar with HIPAA compliance standards.
- Create a security plan. Document the security practices used by your organization, including how you will handle breaches if they occur.
- Monitor system activity. Monitor system activity regularly to make sure no unauthorized access is occurring.
- Maintain up-to-date technology. Update your technologies as necessary. This includes making sure your computer systems have the most recent security patches installed to prevent cyber attacks.