By: Steven Melinosky, Chief Compliance Officer and Privacy Officer and Renee Broadbent, MBA, CCSFP, CHC, Chief Information Officer & Information Security Officer
The HIPAA Security Rule mandates that covered entities must secure electronic communications and safeguard physical patient information. These are critical responsibilities for healthcare providers and staff. Ensuring the confidentiality, integrity, and availability of patient information builds trust and ensures compliance with the Health Insurance Portability and Accountability Act (HIPAA). This article will discuss the importance of securing emails and texts, emphasize key provisions such as the HIPAA Security Rule and the Minimum Necessary Rule, and provide best practices for maintaining the privacy and security of sensitive patient information.
The HIPAA Security Rule: A Foundation for Electronic Communication Security
The HIPAA Security Rule sets national standards for the protection of electronic protected health information (ePHI). It requires healthcare organizations to implement administrative, physical, and technical safeguards to ensure the confidentiality, integrity, and security of ePHI. These safeguards are essential when communicating patient information via email or text messages.
To comply with the Security Rule, healthcare providers must use secure, encrypted communication platforms for sending emails or text messages containing patient information. Standard email or SMS services may not meet HIPAA requirements unless appropriate encryption and security measures are in place. By adopting secure messaging systems, healthcare organizations can significantly reduce the risk of data breaches and unauthorized access.
Emails between covered entities in healthcare must be encrypted to reduce the risk of interception, hacking or undue influence from bad actors. In any instance of harm to patient information, the sender of unencrypted information is often held accountable by regulators. Many information systems have the ability to secure emails easily, and providers should consider checking with their information technology services to verify how to do so. Even though an email is going from one provider to another, encryption is required under the HIPAA Security Rule.
The Minimum Necessary Rule: Limiting Information Disclosure
Another critical aspect of HIPAA is the Minimum Necessary Rule, which mandates that healthcare providers and staff only access, use, or disclose the minimum amount of patient information necessary to accomplish the intended purpose. This principle applies to electronic communications, ensuring that only essential information is shared to reduce the risk of exposing sensitive data.
When sending emails or texts, healthcare providers should carefully consider the content of the message and avoid including unnecessary details. For example, using a patient identifier such as a medical record number may be safer than using a name and date of birth. Remember to verify the recipient’s identity before sending messages to prevent accidental disclosures.
Securing Physical Patient Information
Protecting patient information goes beyond electronic communications. Healthcare providers must also ensure the security of physical records and documents. This includes:
- Storing patient files in locked cabinets or secure areas.
- Shredding sensitive documents before disposal (we recommend either contracting with a secure shredding company or using a cross-cut shredder).
- Ensuring that unattended workspaces do not contain visible patient information.
By maintaining strict physical security protocols, healthcare organizations can minimize the risk of unauthorized access to patient records.
Best Practices for Computer Security
Computers and other electronic devices are integral to modern healthcare operations, but they can also be a point of vulnerability. Healthcare providers should follow these best practices to secure devices and protect patient information:
- Lock Computers When Not in Use: Always lock computer screens when stepping away, even for a short time. This prevents unauthorized access to patient information.
- Use Strong Passwords: Create complex passwords that are difficult to guess and change them regularly.
- Enable Automatic Timeout Settings: Configure devices or Electronic Medical Records programs to automatically lock after a period of inactivity.
- Install Security Software: Keep antivirus software and system updates current to protect against malware and other threats.
Ensuring Privacy in Verbal Communications
In addition to securing electronic and physical information, healthcare providers must be vigilant about verbal communications. This includes:
- Leaving Private and Confidential Messages: When leaving voicemail messages for patients, provide only the minimum necessary information and avoid sharing sensitive details.
- Verifying Permissions for Conversations: Before discussing a patient’s condition in the presence of family members or guests, verify whether the patient has granted permission for these individuals to receive such information.
- Using Private Spaces: Whenever possible, conduct sensitive conversations in private areas to prevent unauthorized individuals from overhearing.
Conclusion
Securing emails, texts, and physical patient information is essential for maintaining patient privacy and complying with HIPAA regulations. By adhering to the HIPAA Security Rule and the Minimum Necessary Rule, healthcare providers can reduce the risk of data breaches and unauthorized disclosures. Implementing best practices such as locking computers, securing physical records, and ensuring private verbal communications further strengthens the protection of sensitive information. In doing so, healthcare organizations not only uphold legal and ethical obligations but also foster a culture of trust and confidentiality with their patients.
SoNE HEALTH Infrastructure Services
SoNE HEALTH offers Infrastructure as a Service to the members of our network at discounted pricing that provides a safe and secure network with the necessary tools to ensure compliance with the HIPAA Security and Privacy Regulations pertaining to PHI. For additional information, please reach out to Brian.Ciarcia@sonehealthcare.com
