HIPAA Privacy Rule: Is Texting a Violation?
Are you a private practice physician concerned about maintaining HIPAA privacy? Have you been confused in the past about what deems a violation and what doesn’t?
Don’t be among the twenty thousand complaints filed every year with Health and Human Services. It is your responsibility to know the law and follow it to avoid any accidental breaches by you or anyone within your company.
Don’t worry if the HIPAA privacy rule seems confusing to you, because it can be. But we will break it down and give you real-world examples that will make it easier to understand. Keep reading to find out how your practice can ensure privacy for your patients while still communicating and keeping everyone informed.
What Is the HIPAA Privacy Rule?
In 1996 Congress passed HIPAA, the Healthcare Insurance Portability and Accountability Act. This act ensured that all Americans can keep their health insurance when they change jobs. Additionally, as employees, insurance companies can’t deny coverage due to pre-existing conditions.
However, the act didn’t stop with providing portability of healthcare. It also provided a layer of protection and privacy for all patients.
At that time, technology was becoming a larger part of healthcare. Many people became concerned that private health information would become compromised. HIPAA requires all healthcare facilities, providers, and insurance companies to ensure total privacy for all their patients and customers. All private information must be kept at the highest level of security.
The well-known privacy rule is actually called the Standards for Privacy of Individually Identifiable Health Information. It went into effect in 2001, five years after the HIPAA law originally passed into law. This HIPAA security rule calls for all medical providers to use their best judgment to keep patient information confidential, while also providing much-needed medical care.
And while most of us think of our computer systems having firewalls and passwords, do we always think of our modes of communication?
What Deems a Violation of Privacy?
While prompt and effective communication is imperative to providing high-quality health care, providers must still work to ensure total privacy for their patients. A few examples of accidentally breaking confidentiality is a medical assistant texting the physician about records they were waiting for.
In one case the MA texts “John Smith’s records came back and he does have cancer.” This text is innocent enough and not meant to cause harm or invade privacy. However, when sent to the physician’s regular phone number, anyone who has the phone can see their texts. Additionally, with this much personal information, this text discloses too much personal health information.
A better scenario includes the MA using a secure app to message the physician. They should also use a much more encrypted message such as, “Patient J.S. records came back positive.” This is a much better example of a message that would not reveal any private information if seen by someone other than the intended recipient.
In each of these examples, both practitioners are doing their job and doing their best to give the best care for their patients. However, in the second example, we see a better way to communicate without comprising information.
How to Keep Your Practice Compliant
You also want to do your job and do it well. You want to keep your practice compliant. And you work hard to ensure complete privacy for all your patient’s information.
You have network security specialists that assure you your computers are safe. There are firewalls and password-encrypted software on every computer in your office. You keep everyone safe when they’re online and follow the HIPAA email rules to the strictest adherence.
But what happens when your secretary picks up the phone to make phone calls. Are they calling from a secure line? Do you have a separate HIPAA phone number that is compliant and secured on your phone?
If not, then you might not be as secure as you think you are. You want to be sure you’re doing everything you can to provide the best care you can. And this includes getting a secure line on your regular cell phone to ensure total privacy when you’re communicating for work.
Stop carrying multiple devices for work and personal use. With a HIPAA compliant second-line right on your phone, you can continue to work long after you’ve left the office. Don’t miss out on important lab results due to concern over security and privacy.
Instead, get the app that gives you protection and ensures your patients’ private health information stays private and secure. With a HIPAA compliant phone number for calling and texting you can rest easy knowing that you’re able to do your job and give your best assurances to your patients.
Keep Working and Keep Compliant
You work hard to ensure your practice is following all the HIPAA rules, and this includes all your communication as well. Don’t forget to find a HIPAA compliant app that you can download onto your phone to assure your patients that you’re following these highest levels of privacy.
The HIPAA privacy rule ensures that all Americans can expect a certain level of privacy when they visit their doctor. And this doesn’t stop when you leave work. Keep the privacy at the most secure level, even when you’re taking calls from home.
