HIPAA Insights: Navigating Compliance in Healthcare

The Health Insurance Portability and Accountability Act (HIPAA) can be a tricky yet necessary protocol to follow. A common misconception of those on the "outside looking in" is that HIPAA only applies to healthcare organizations like hospitals and other specialty clinics.

When looking into who is covered by HIPAA, you may be surprised to learn that several more entities have a responsibility to adhere to HIPAA guidelines as a covered entity. Some of these organizations are not even directly involved with healthcare.

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When it comes to Protected Health Information (PHI), healthcare providers and organizations can never be too safe. The repercussions for lost, stolen or manipulated data could cost you large sums of money, a tarnished reputation, and even jail time. According to data shared by HIPAA Journal, there were 339 healthcare data breaches of 500 or more records reported to the Department of Health and Human Services' Office for Civil Rights (OCR) Between January 1, 2023, and June 30, 2023.

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We live in a hyper-connected society. Almost everyone we know has a cell phone, tablet, or computer — maybe all and more. These devices are designed to make our day-to-day activities more efficient and enjoyable. While healthcare is rarely an enjoyable experience, there are always means that can be used to make it more comfortable. One of those solutions comes with improved technology that allows patients and providers to communicate and share data with speed and ease. The most common way improved communication occurs between both parties is through personal electronic devices, like smartphones. Although this sounds like a great idea, it has not exactly taken off. This is mainly because HIPAA still applies.

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Drugs destroy lives. America is in the middle of a drug addiction epidemic. Over 1 million people have died from overdoses in 20 years, since the US Centers for Disease Control and Prevention (CDC) started recording overdose deaths in 1999.

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Rising data breaches in healthcare have paved the way for compliance laws to keep patients' medical data secure. Thousands of healthcare providers in the US are now legally required to adhere to the Health Insurance Portability and Accountability Act (HIPAA). As a result, they need to use HIPAA-compliant technologies when corresponding with clients and patients online. 

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In industries across the spectrum, cloud computing is far outpacing physical storage infrastructure. It may provide you a sense of security knowing your data is physically on-site, however, these systems often take up valuable space, are easily compromised (including physical theft), and cost a fortune to maintain. The cloud is a "new" technology that provides an efficient working model that is secure for any industry, especially those that house sensitive data like governments, financial institutions, and healthcare.

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Sometimes, information not intended to be public knowledge is inadvertently shared with others. Just as easily as it can happen in a casual conversation with a friend, it can also happen in the workplace. So, what is an incidental disclosure? The incidental disclosure definition, according to the U.S. Department of Health and Human Services (HHS), is a, "disclosure that cannot reasonably be prevented, is limited in nature, and that occurs as a result of another use or disclosure that is permitted by the Rule." What happens when there is an incidental disclosure in a healthcare setting? There is not a clear-cut answer. It simply depends on the magnitude of the situation. In general, healthcare settings are fluid environments. That means that a patient overhearing another patient's diagnosis or a visitor catching a glimpse of a screen with some personal health information (PHI) is not common grounds to facilitate a HIPAA violation. 

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Organizations in the healthcare field will be familiar with HIPAA, formally known as the Health Insurance Portability and Accountability Act. Signed into law in 1996, it sets a national standard for protecting personal health information (PHI). It ensures that patients know how their information is stored and shared through consultation and consent. According to the HIPAA Journal, in the twelve months leading up to October 2023, there were 678 reported data breaches that contained 500 or more records across the country. There is room for improvement in protecting sensitive PHI, especially when dealing with large databases.

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We have compiled a list of the top HIPAA-compliant messaging apps which provide concise descriptions and key features, assisting healthcare practices and systems in maintaining patient data securely and providing a better patient experience in the ever changing nature of healthcare technology.

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