RSI Security

A Comprehensive Guide to HIPAA Compliant Cell Phone Policies

Top Critical Security Controls for Effective Cyber Defense

Given the Health Insurance Portability and Accountability Act’s (HIPAA) extensive protections and restrictions regarding electronic protected health information (ePHI), cell phones present a challenging grey area to navigate. However, implementing a HIPAA-compliant cell phone policy and appropriate security controls will help your healthcare organization properly adhere to regulations.

 

HIPAA-Compliant Cell Phone Policies and Usage

Achieving and maintaining HIPAA compliance can easily be threatened by healthcare personnel’s cell phone usage. At first consideration, cell phones and their various security risks would seem opposed to HIPAA compliance but the right implementations can help any healthcare entity with their efforts.

Ensuring HIPAA-compliant cell phone usage requires:

A HIPAA compliance and cybersecurity expert can advise your compliance program. Further, a managed security services provider (MSSP) will provide many of the cybersecurity measures and training programs healthcare personnel should implement.

 

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Understanding ePHI and HIPAA Compliance

Implementing HIPAA policies and security measures with respect to cell phones first requires understanding the ePHI that must be safeguarded. The Department of Health and Human Services (HHS) refers to and summarizes the HIPAA Privacy Rule’s demarcation of ePHI as “individually identifiable health information” covering:

“De-identified health information” doesn’t count as ePHI. To be considered de-identified, the data must neither identify an individual nor provide a reasonable basis to do so via one of two methods:

 

HIPAA-Permissible ePHI Uses and Disclosures

An individual’s ePHI may only be used or disclosed (i.e., made known or accessed by an unauthorized party) with their written consent or in the following circumstances without it:

 

Understanding HIPAA’s Definition of ePHI Breaches

Ensuring HIPAA-compliant cell phone usage also requires understanding what the regulations define as constituting a “breach.” Your organization cannot prevent security issues it doesn’t understand.

HHS and the Breach Enforcement Rule define a breach as “an impermissible use or disclosure under the Privacy Rule that compromises the security or privacy of the protected health information.” Thus, any ePHI accessed, acquired, or interacted with by unauthorized personnel, without receiving an individual’s written consent, or outside the six circumstances described above constitutes a HIPAA breach.

This definition of breach does allow for specific exceptions:

 

Are Cell Phones HIPAA-Compliant?

Generally, HIPAA regulations specify:

While unprotected cell phone access to or transmission of ePHI would significantly risk a HIPAA breach, the regulations do not explicitly prohibit cell phone or other specific technology usages outright. However, inadvertent use or disclosure and data or device theft that do constitute HIPAA breaches exponentially increase if ePHI is accessed on a cell phone or discussed over unsecure lines of communication.

So long as the appropriate security controls and processes are in place, cell phone use does not constitute a HIPAA breach.

 

Are Cell Phone Conversations HIPAA-Compliant?

Both phone call conversations and faxed documents do not factor as ePHI, per the HIPAA Privacy Rules’ definitions under 45 CFR § 160.103. However, a phone conversation may constitute the disclosure of PHI if any discussion of identifiable health information falls outside of the HIPAA permissible circumstances listed above.

With the use of a second cell phone line app, HIPAA-compliant telecommunications may be more easily achieved. These services provide a secondary line for phone calls, texting, and voicemail personnel to interact with inside a segmented window on an existing device.

As an organizational policy, your entity’s representative on a phone or web-conferencing call should always identify themselves and confirm the other person’s identity. This practice helps ensure that the entity’s representative confirms their authorization to discuss PHI and that they are speaking to the individual whose information is being discussed (or someone acting in an official and recognized capacity as the individual’s representative).

 

Security Controls and Policies for HIPAA-Compliant Cell Phone Usage

HIPAA requires healthcare entities and their business associates to implement and maintain technical, administrative, and physical safeguards. The first two categories directly apply to cell phone usage. While there are ultimately no realistic physical safeguards that may be adopted for cell phones, certain technical measures (e.g., passcodes and authentication, encryption) will virtually eliminate physical security and compliance risks.

Healthcare entities should consider technical safeguards ranging from activating (or deactivating) native device capabilities to implementing additional security measures. In addition, some technical safeguards may also be provided as native to cell phone applications and services.

Administrative safeguards consist of the mobile device policies that healthcare entities should enact and enforce. These policies should establish behavior expectations that oversee personnels’ cell phones usage.

 

Device-Native Technical Safeguards for HIPAA-Compliant Cell Phone Usage

Many cell phones come equipped with native capabilities that healthcare professionals and business associates should activate or deactivate as part of organization-wide HIPAA compliance.

Native security capabilities to enable include:

 

Deactivation as a Technical Safeguard

While most technical safeguards and security measures native to devices—or to the IT resources and storage they access—will need to be enabled, automatic backup and file sharing capabilities should be deactivated.

These capabilities do provide benefits in personal device usage. However, this functionality constitutes a HIPAA violation if ePHI is automatically backed up to any personal and unsecure storage locations (e.g., Google Drive, a cell phone carrier’s cloud storage) or shared.

As with many HIPAA violations, automatic backups would most likely lead to inadvertent noncompliance. Unfortunately, HIPAA penalty enforcement does not consider whether an incident that qualifies as a violation was intentionally or inadvertently committed.

 

Multifactor Authentication (MFA) and Stored Login Credentials

Multifactor authentication (MFA) requires users accessing a given IT resource (e.g., system, application, cloud service) to provide at least one additional method of identity verification as part of the login process. Generally, personnel provide a standard username and password combination before receiving a prompt for additional verification. This capability should be activated for any IT resource capable of interacting with or storing ePHI that provides MFA.

MFA methods for IT resources accessed via mobile device include:

In addition to enforcing MFA, any cell phone that stores or interacts with ePHI should not also store login credentials for any IT resource. If a hacker obtains access to the cell phone, stored credentials allow them to immediately access apps, services, cloud storage, and more without enforcing any additional security measures.

 

Implemented Technical Safeguards for HIPAA-Compliant Cell Phone Usage

Some technical safeguards that healthcare entities should implement will not be native to cellphones. The safeguards include:

 

Administrative Safeguards for HIPAA-Compliant Cell Phone Usage  

As important as technical safeguards are for protecting ePHI that cell phones interact with or store, your organization must also construct, promulgate, and enforce official policies to help ensure HIPAA compliance. A HIPAA cell phone policy should include specifications for:

 

Ensure HIPAA-Compliant Cell Phone Usage

As with other HIPAA compliance efforts, ensuring that healthcare personnel’s cell phone usage adheres to regulations requires extensive technical and administrative safeguards to protect ePHI. While cell phones are not inherently HIPAA-compliant or noncompliant, interacting with or storing ePHI on mobile devices presents a far greater likelihood for violations to occur.

Without conscientious effort, healthcare personnel may inadvertently violate HIPAA-compliant cell phone practices.

To establish, assess, or remediate your organization’s cell phone policies and security implementations for HIPAA compliance, contact RSI Security today. As a HIPAA (and HITRUST) compliance and cybersecurity expert, we can help your organization maintain regulatory adherence.

 


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