For healthcare providers, securing and protecting electronic personal health information (ePHI) is a formidable challenge—one that’s been amplified by the industry-wide integration of telemedicine services. As ePHI is now digitally disseminated in real-time via telecommunication platforms, new variables have been added to the security and compliance equation.
Emerging technologies promise faster patient communication and better care service delivery. However, they also represent new potential points of attack for hackers. Should a data breach occur, significant repercussions may follow, particularly if HIPAA guidelines on telemedicine are not followed. By adhering to the HIPAA framework, much of this security threat can be mitigated. But how exactly is telemedicine affected by HIPAA compliance? Let’s explore.
Understanding HIPAA
The adoption and integration of digital technologies have spurred the movement towards a value-based care model, exposing the healthcare industry to new threats, notably cybercrime. In response, The Health Insurance Portability and Accountability Act (HIPAA) of 1996 was created with one primary goal: to protect personal health information and prevent it from being illegally accessed. Although telemedicine wasn’t explicitly covered when HIPAA’s Security Rule was added, it now falls under its purview, ensuring that the same stringent standards for ePHI protection are maintained across all digital and telecommunication platforms.
HIPAA Security Rule and Telemedicine
Per the Department of Health and Human Services (HHS), “The HIPAA Security Rule establishes national standards to protect individuals’ electronic personal health information that is created, received, used, or maintained by a covered entity.” The Security Rule requires appropriate administrative, physical, and technical safeguards to ensure the confidentiality, integrity, and security of ePHI.
For telemedicine, medical professionals and patients must not only keep communication exclusive to medical professionals and patients, but they must also use secure channels to share ePHI communication. The HIPAA Security Rule guidelines stipulate that:
- Only authorized users should access ePHI, ensuring that only the right people handle private information.
- An integrated ePHI monitoring system can prevent malicious or accidental breaches and alert you should a breach occur.
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Do not use insecure channels like Skype, email, or SMS in order to protect the integrity of ePHI. All forms of communication must be through a secure system. Another example of an insecure channel is a Zoom standard account which is not HIPAA compliant. Instead businesses must have the Zoom for Healthcare account in order to adhere to HIPAA compliance.
Common Telemedicine HIPAA Violations
Even if a secure communication platform is used, there are common pitfalls that may lead to HIPAA violations in telemedicine:
- Failure to Train Staff: HIPAA mandates ongoing compliance training for staff. Adding telemedicine services requires following new protocols, and untrained staff might inadvertently breach HIPAA rules.
- Messaging Outside Secure Portals: Using text or email for ePHI communication is tempting but insecure. All digital transfers of ePHI must be encrypted.
- Downloading ePHI on Unsecured BYOD: Personal devices are vulnerable to loss or theft. Store ePHI on devices with safeguards like dual-factor authentication or remote wipe capabilities.
- Shared Logins and Passwords: Each user must have unique login credentials to maintain security.
- Failure to Update Privacy Policies: HIPAA requires logging every Notice of Privacy Practice (NPP), including changes to telemedicine security protocols.
Penalties for HIPAA Noncompliance
Noncompliance with HIPAA can result in significant penalties. As of 2024, the civil monetary penalties for HIPAA violations are categorized into four tiers:
- Tier 1 – No knowledge of the violation: Minimum fine of $125 – $55,000 per violation, up to an annual maximum of $27,500 for repeat violations.
- Tier 2 – Reasonable cause: Minimum fine of $1,100 – $55,000 per violation, with an annual maximum of $110,000 for repeat violations.
- Tier 3 – Willful neglect with corrective action within 30 days: Minimum fine of $11,000 – $55,000 per violation, with an annual maximum of $275,000 for repeat violations.
- Tier 4 – Willful neglect with no corrective action: Fine of $55,000 per violation, with an annual maximum of $1,650,000 for repeat violations.
Ensuring Telemedicine HIPAA Compliance
Telemedicine offers an exciting way to deliver high-quality care, but it comes with risks. To prevent breaches and ensure HIPAA compliance, healthcare providers should abide by all HIPAA guidelines for telemedicine and establish comprehensive security measures across the organization. By understanding and adhering to HIPAA guidelines, healthcare providers can securely implement telemedicine services while protecting patient information and maintaining compliance.
For assistance, RSI Security provides cybersecurity consulting, guidance, and compliance testing to ensure your telemedicine program is HIPAA compliant.
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