RSI Security

Is Telemedicine Affected By HIPAA Compliance?

telemedicine

For healthcare providers securing and protecting electronic personal health information (ePHI) is a formidable challenge—one that’s been made even more difficult by the industry-wide integration of telemedicine services. Now, as ePHI is digitally disseminated in real-time via telecommunication platforms, there are new variables added to the security and compliance equation.

Although these emerging technologies promise faster patient communication and better care service delivery, for hackers, they also represent new potential points of attack. Should a data breach occur you could face significant repercussions, particularly if you failed to comply with HIPAA guidelines on telemedicine.

However, by following the HIPAA framework much of this security threat could be prevented or minimized. How is telemedicine affected by HIPAA compliance? Let’s review.

 

HIPAA and Telemedicine

The adoption and integration of digital technologies has helped spur the movement towards a value-based care model. But this exposed the industry to new threats (namely, cybercrime).

In response The Health Insurance Portability and Accountability Act (HIPAA) of 1996 was created with one primary goal in mind—to protect personal health information and prevent it from being illegally accessed.

Although telemedicine hadn’t yet been invented when HIPAA’s Security Rule was added, today, it falls under its auspices.

 

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HIPAA Security Rule and Telemedicine

Per the Department of Health and Human Services, “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 electronic protected health information.”

For telemedicine simply keeping ePHI communication exclusive to a medical profession and patient isn’t good enough. The channel through which that information is shared must also be secure. HIPAA’s Security Rule guidelines state:

So what does all of this mean?

The communication platform you use must be HIPAA compliant and vetted for security. Even if patients are comfortable with having their information shared via an insecure method such as text or email, the risk of that data being intercepted is too high.

If you’re evaluating a new telehealth service, look for technology providers that practice telemedicine HIPAA compliance and provide secure, vetted technology solutions. By adopting a solution that has been tried and tested by a cyber-risk assessor you can take a large step towards ensuring your HIPAA compliance.  

 

Common Telemedicine HIPAA Violations 

Even if you use a secure communication platform, there may be ways that your telemedicine practices violate HIPAA. For instance, possible violations could include:

 

Penalties for HIPAA Noncompliance 

Should a cyber breach occur because you failed to abide by HIPAA and telehealth strictures, you might face significant penalties. In 2019 the civil monetary penalties for HIPAA violations were increased. According to the HIPAA Journal, they consist of four tiers:

Covid-19’s Impact on HIPAA Security Rule and Telemedicine 

In response to the Covid-19 pandemic some of the rules regarding privacy have been temporarily laxened. Per Health IT Security, “The OCR announced it would not impose penalties for noncompliance with HIPAA regulations against providers leveraging telehealth platforms that may not comply with the regulation, following the Trump Administration’s expansion of telehealth services and HHS’ waiver of some HIPAA sanctions.”

This means that, for now, there are a variety of services that can be used to share ePHI, including:

While you may be tempted to utilize these new ways to provide care, be wary of doing so. Though they have a modicum of security features—such as individual user accounts and credentials—they remain quite vulnerable nonetheless.

Put simply: a little extra convenience simply isn’t worth running the risk of a costly data breach.

 

Abiding By Telemedicine HIPAA Compliance  

Telemedicine provides you with a new and exciting way to continue delivering high-quality care to your patients. But it doesn’t come without risks.

If a breach occurs and you’re found to be noncompliant with HIPAA, you might face serious penalties, especially if you were aware of the violations. Additionally, a loss of protected health information can destroy customers’ trust in your organization, damage your reputation, and impact your bottom line.

To prevent this you must take two main actions:

If you need help with this process, we’re here to help.

RSI Security is the foremost compliance and cybersecurity provider. We specialize in cybersecurity consulting, guidance, and compliance testing. 

Want to make sure that your telemedicine program is HIPAA compliant? Reach out today and we’ll make it happen.

 

 

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