Navigating HIPAA Compliance with Telemedicine: Why It's Essential & What It Means for Practitioners

Alright, now that the world's in a bit of a pickle, telemedicine has become an essential tool for people who need quick and easy access to healthcare. Apparently, 37% of all adults (18 and up) have tried it out within the past year. Younger folks between 18 and 29 had a 29.4% adoption rate, while the elderly (65+) adopted it at a rate of 43.3%.

We can't forget about the security of telemedicine software either; it's crucial that we follow the HIPAA guidelines for remote medical care. The Privacy and Security Rule deals with healthcare fraud and abuse and protects sensitive patient health information from being stored or transmitted unlawfully.

A Breakdown of the Health Insurance Portability and Accountability Act (HIPAA) - What You Need to Know

HIPAA stands for the Health Insurance Portability and Accountability Act, and it is a federal law that seeks to protect individual'’ health information, which is also referred to as PHI. The US Department of Health and Human Services has implemented certain rules to keep people's medical records private.

HIPAA makes it illegal to share private health information without a patient's consent. It applies to healthcare providers, health plans, clearinghouses, tech companies, cloud service providers, and anyone else with access to personal health information.

Why Were Privacy Regulations Implemented in the First Place?

Telemedicine has presented a daring challenge for HIPAA; data is no longer transferred behind closed doors. It's sent digitally - so new protective measures must be implemented. In response to the pandemic, the Office for Civil Rights (OCR) adjusted its rules to make telemedicine more accessible while ensuring patient security remains intact. However, they did encourage healthcare providers to inform patients when their privacy may be threatened.

Healthcare professionals who want to provide telehealth services but abide by HIPAA regulations have some expensive options to consider; for example, if a doctor wants to utilize Skype for Business - which meets HIPAA standards - Microsoft will offer to enter into a Business Associate Agreement. But to use this service, each patient must have an Office 365 account to connect to the cloud-based Skype for Business.

Patients may be discouraged by the prices for HIPAA-compliant telehealth services - up to $35 monthly per user - and opt for cheaper alternatives. However, the quality of these alternatives may not be sufficient for physicians to make accurate diagnoses. Additionally, the other apps running in the background may drain all the patient's bandwidth, rendering the service unusable.

What Are the Implications of HIPAA Regulations for Healthcare Providers?

Medical professionals and healthcare organizations have to abide by the HIPAA rules when it comes to telemedicine. These HIPAA regulations ensure that individuals can still reap the benefits of telemedicine. It outlines what covered entities (medical pros and healthcare institutions) can do with their telehealth services. Additionally, HIPAA standards provide the public with more confidence that protected entities can maintain the privacy and safety of personal health details.

The Must-Haves of Any HIPAA-Approved Telemedicine App

1. A database for storing and organizing data.
2. Encryption techniques to fulfill the stringent safety regulations of healthcare organizations.
3. Automated scalability tools to prevent server breakdowns.
4. The registration process will feature user profile configuration.
5. Geolocation to identify local healthcare and pharmacy services.
6. A complete medical record for every person.
7. Numerous channels for doctor-to-doctor and patient communication.
8. Payment gateways for secure financial transactions.

Transmitting Electronic Protected Health Information (ePHI) Over Extended Ranges

For healthcare providers and organizations to stay on the safe side of HIPAA regulations regarding telemedicine, the communication channel used for transmitting ePHI over long distances must be HIPAA-compliant.

The HIPAA Security Rule exists to ensure secure remote communication of ePHI, and it entails:

• Establishing a system to monitor transmissions containing ePHI, thus avoiding unintentional or intentional data breaches.
• Keeping ePHI secure and only allowing authorized personnel to access it.
• Encrypting electronic communications to guarantee the privacy and protect ePHI.
• Follow a HIPAA compliance checklist to the letter.

What Makes a HIPAA Compliance Checklist?

Here’s what you should know about the checklist:

Acknowledge the Ramifications of COVID on HIPAA

The coronavirus outbreak has had a major impact on healthcare, which means HIPAA regulations must keep up. Above all, your business should consider the effects it may have had on your cyber and physical security and HIPAA compliance.

Report Data Breaches

If there has been an incident where personal information was exposed, those affected must be informed, and you must file a breach report with the appropriate authorities.

Capture and Document Your Data

Make sure to keep detailed records of all data related to your business operations.

Remain Informed about HIPAA Updates

It's important to stay up-to-date with any changes made to HIPAA regulations.

Plan out How to Manage Data on Your Telemedicine App

Having a game plan for ensuring your application is compliant with HIPAA is crucial.

Assess the Risks

Take some time to review the security risks your business might be facing right now.

Prepare for Unexpected Events

Set up protocols that will help you respond quickly in the event of an emergency.

Why Text Messages, Skype, and Email are NOT an Option

With HIPAA being so strictly enforced, medical professionals and healthcare organizations require a Business Associate Agreement (BAA) with any third party that stores electronically protected health information (ePHI).

These BAAs are necessary and include measures to ensure the security of the data and periodic checks to maintain such security. Unfortunately, many popular service providers like Verizon, Skype, and Google outright refuse to sign such agreements. And it's up to the telemedicine company to make sure they don't suffer any fines or lawsuits as a result of any unauthorized ePHI release.

Secure Messaging for Patient-Caregiver Communication: Protecting Vital Interactions

Unfortunately, over 314,063,186 medical records were at risk in 2021 alone due to theft, loss, or unauthorized access or sharing - that's practically the entire population of the United States. Secure Messaging for Patient-Caregiver Communication is thus a must for all medical professionals and healthcare organizations.

Secure messaging solutions are as convenient and effortless to use as SMS, Skype, or email. To assure privacy, access to electronically protected health information (ePHI) is only given to those who need it, creating a secure communication channel and ensuring the contents of the said channel remain confidential.

Secure messaging ePHI-sharing can be conducted through user-friendly apps that most healthcare professionals are already familiar with since they appear similar to popular messaging apps. Access is granted by logging into the app with a username and password provided by an authorized source.

Encrypted/secure messaging for ePHI satisfies HIPAA's telehealth regulations, delivering messages quickly and safely to the intended recipients.

Pointers for Keeping HIPAA Violations at Bay

It's essential to comprehend the potential repercussions of HIPAA violations and how to dodge them. Since 2003, the Office for Civil Rights has investigated nearly 300,000 likely breaches of HIPAA privacy regulations. Surprisingly, these incidents usually stem from internal breaches instead of external hacks. To help prevent data leaks, here are some useful tips for secure telemedicine:

• If you're unsure if a platform without a BAA will be covered in the case of a data breach, chat with your insurance provider.
• Providers require a private, distraction-free environment to make the most of telehealth visits, communicate with patients and coordinate with other pros.
• Counties and communities have likely laid down the law when it comes to telehealth standards and resources.
• Steer clear of social media and messaging apps like Facebook Live and TikTok - no need to go public with this.
• Reach out to your healthcare provider or system to learn more about the available EMR options out there.
• Speakerphones and virtual assistants like Alexa and Siri are not HIPAA-approved, so it's best to avoid them.

Closing

To achieve HIPAA compliance for telemedicine in 2023, you'll need to take tried-and-true steps like putting technology in place and using best practices for healthcare cybersecurity to stop cyber threats. Also, ensure you have the right internal policies for handling electronically protected health information and stay HIPAA-compliant for the foreseeable future.

Healthcare organizations must implement secure messaging solutions, and employees should only be able to access important software and data when needed.