A business associate is an individual or entity that performs functions for a HIPAA covered entity that requires the use or disclosure of protected health information.
This information is classed as protected health information when it contains identifiers that would allow a patient or health plan member to be identified. HIPAA does not include information in employment records, even if that information is included in the HIPAA definition of individually identifiable health information or protected health information. If individually identifiable health information is stripped of all identifiers, it is no longer considered to be protected health information.
Information on the 18 identifiers and de-identification of health data can be found here. HIPAA benefits patients in four main ways. HIPAA ensures that health data is safeguarded to prevent it from being accessed by unauthorized individuals.
Many organizations that have health information about you do not have to follow these laws. Examples of organizations that do not have to follow the Privacy and Security Rules include:. Learn more about your health information privacy rights. To make sure that your health information is protected in a way that does not interfere with your health care, your information can be used and shared:.
Your health information cannot be used or shared without your written permission unless this law allows it. For example, without your authorization, your provider generally cannot:. To sign up for updates or to access your subscriber preferences, please enter your contact information below. Washington, D. A-Z Index. Most Health Care Providers —those that conduct certain business electronically, such as electronically billing your health insurance—including most doctors, clinics, hospitals, psychologists, chiropractors, nursing homes, pharmacies, and dentists.
Another great way to help reduce right of access violations is to implement certain safeguards. A technical safeguard might be using usernames and passwords to restrict access to electronic information. When using the phone, ask the patient to verify their personal information, such as their address. When you grant access to someone, you need to provide the PHI in the format that the patient requests. They may request an electronic file or a paper file. In that case, you will need to agree with the patient on another format, such as a paper copy.
However, you do need to be able to produce print or electronic files for patients, and the delivery needs to be safe and secure.
While not common, there may be times when you can deny access, even to the patient directly. For example, you can deny records that will be in a legal proceeding or when a research study is in progress. If revealing the information may endanger the life of the patient or another individual, you can deny the request.
When a federal agency controls records, complying with the Privacy Act requires denying access. And if a third party gives information to a provider confidentially, the provider can deny access to the information. The law has had far-reaching effects. The most important part of the HIPAA Act states that you must keep personally identifiable patient information secure and private.
This provision has made electronic health records safer for patients. Titles I and II are the most relevant sections of the act. Title II states that covered entities must maintain reasonable and appropriate safeguards to protect patient information.
These safeguards must include:. In general, Title II says that organizations must ensure the confidentiality, integrity, and availability of all patient information. Recently, for instance, the OCR audited health care providers and 41 business associates. For instance, the OCR may find that an organization allowed unauthorized access to patient health information. HIPAA violations might occur due to ignorance or negligence. In either case, a resulting violation can accompany massive fines.
A health care provider may also face an OCR fine for failing to encrypt patient information stored on mobile devices. Alternatively, the office may learn that an organization is not performing organization-wide risk analyses.
Without it, your organization is at risk of being fined. The fines can range from hundreds of thousands of dollars to millions of dollars. The OCR establishes the fine amount based on the severity of the infraction. Furthermore, the court could find your organization liable for paying restitution to the victim of the crime.
The OCR may impose fines per violation. Alternatively, they may apply a single fine for a series of violations. The fines might also accompany corrective action plans. Even so, the OCR must make another assessment when a violation involves patient information. They must define whether the violation was intentional or unintentional. Alternatively, the OCR considers a deliberate disclosure very serious. Resultantly, they levy much heavier fines for this kind of breach.
The purpose of this assessment is to identify risks to patient information. Here, a health care provider might share information intentionally or unintentionally. In either case, a health care provider should never provide patient information to an unauthorized recipient.
Reviewing patient information for administrative purposes or delivering care is acceptable. Complying with this rule might include the appropriate destruction of data, hard disk, or backups. It also includes destroying data on stolen devices. In addition, it covers the destruction of hardcopy patient information. For example, your organization could deploy multi-factor authentication.
Multi-factor authentication is an excellent place to start if you want to ensure that only authorized personnel accesses patient records.
Furthermore, you must do so within 60 days of the breach. Care providers must share patient information using official channels. Staff members cannot email patient information using personal accounts. Your staff members should never release patient information to unauthorized individuals.
Doing so is considered a breach. Organizations must maintain detailed records of who accesses patient information. They must also track changes and updates to patient information. You never know when your practice or organization could face an audit. If so, the OCR will want to see information about who accesses what patient information on specific dates.
Here, however, the OCR has also relaxed the rules.
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