Do Medical Answering Services Require HIPAA Compliance?

 

Medical answering services are considered business associates and must comply with HIPAA regulations. Answering services provide support to hospitals, clinics, nursing facilities, doctor’s offices, and other departments in the healthcare industry. They must meet these strict security and privacy requirements.

The Health Insurance Portability and Accountability Act states that healthcare providers, their service providers and suppliers are legally and ethically required to safeguard patient information.

This post discusses a few of many reasons why a healthcare practice requires medical answering service.

Impact of HIPAA on the Healthcare Sector

In 1996, the introduction of HIPAA aimed to safeguard individuals' personal health data. Subsequently, the enforcement of HIPAA, HITECH, and Omnibus regulations compelled organizations handling sensitive health information to enhance their security and compliance protocols. These regulations posed considerable legal and technical obstacles within the sector, particularly for medical and healthcare call answering services.

These regulations have significantly influenced the way in which a patient's information is stored and shared. Now, the specifics of a patient's medical condition, healthcare treatments, contact details, billing information, and payments incurred must be kept more secure and private than ever before.   

Since September 2013, the scope of complying with HIPAA has broadened to encompass business associates and subcontractors of covered entities handling PHI. These entities now carry the same level of liability as the organizations they support. Covered entities are accountable for conducting risk audits of their business associates who handle personal health information. 

The Impact of HIPAA on Medical Answering Services  

PHI security is widely recognized as the costliest aspect of the HIPAA Privacy & Security Rules. These crucial guidelines impact medical answering services, which handle PHI, leading to significant technological and procedural adjustments. Achieving compliance in this area comes with substantial expenses and requires a time-consuming implementation process for these services.

Legacy answering services have had to reassess and revamp their storage and transmission protocols for sending Protected Health Information (PHI) to medical personnel via text messages, pagers, and email. These traditional communication methods are no longer deemed secure under the HIPAA-HITECH-Omnibus standards. 

Furthermore, medical answering services are now required to implement appropriate encryption, accountability measures, and password protection for all individuals accessing PHI, whether internally or externally.     

Answering services for healthcare must adhere to HIPAA compliance as they are interconnected with entities managing sensitive data. These entities, recognized as covered entities and business associates (BA), bear the responsibility of securing personal health information and upholding patient confidentiality. 

Medical institutions and healthcare professionals must prioritize HIPAA compliance to safeguard their practices. It is their duty to guarantee that their third-party vendors and service providers uphold equally stringent standards in data security and regulatory adherence.

What Is PHI? 

Protected health information (PHI) is individually identifiable data about a person’s health status that has been created, collected, transmitted, or stored by a HIPAA-covered entity when providing healthcare services. This includes, but is not limited to: 

·       Last names,

·       Addresses, 

·       Birthdates, 

·       Phone numbers, 

·       Social security numbers, 

·       Email addresses, 

·       Health insurance information,

·       Medical device identification numbers, 

·       Headshot images. 

What Does HIPAA Compliance Involve for Answering Services? 

Since 2013, HIPAA regulations have extended to encompass all service providers within the medical industry. Business Associates (BAs) are required to adhere to the identical privacy and security standards as healthcare providers. Consequently, as a BA with access to patient information, medical answering services are equally subject to compliance with HIPAA regulations.

·       Protected Communications

Any Business Associate entrusted with patient information must maintain a secure computer system and network for handling sensitive data. Access to any device handling PHI should be restricted to authorized and trained staff only. Authorized users must undergo two-factor authentication before accessing PHI.

Phone calls, text messages, voice messages, and emails containing PHI should all be protected with passwords and encryption when sent or received.

·       Using HIPAA-Compliant Devices 

Sending regular SMS messages from your mobile phone to a patient, especially including PHI, is a clear violation of HIPAA. Business Associates, such as answering services, should utilize electronic devices and communication platforms with encryption and password protection when handling this sensitive data. Similarly, doctors and medical staff must ensure these security measures are in place when discussing patient matters.

·       Security Measures for Recorded and Stored Information

Even when PHI is inactive, it must remain secure. Sensitive data and recorded calls, whether stored in databases, physical servers, or cloud storage, require robust cybersecurity safeguards. Moreover, physical security measures are essential to control access to locations where sensitive data is stored and accessed.

·       Training for Call Agents in HIPAA Compliance

Call agents employed by a medical answering service need comprehensive training to adhere to security policies and procedures essential for HIPAA compliance. This encompasses cybersecurity awareness training, understanding proper reporting protocols, and being familiar with contingency plans in the event of a data breach.

To maintain HIPAA compliance effectively, it's crucial to engage in continual monitoring. Automated medical answering services must consistently review call center practices and updated policies to ensure the security and privacy measures are robust. Designating a HIPAA compliance officer to oversee this area of responsibility can be a strategic choice for the agency.

What’s at Risk? 

An unencrypted email, a computer system vulnerability, unauthorized server access, or a successful phishing attack on an untrained call center employee - any of these incidents could lead to disaster for a Business Associate (BA). Data breaches and HIPAA violations discovery are both harmful to BAs. Furthermore, they can tarnish the reputation of healthcare organizations and the professional image of practitioners they collaborate with.

A HIPAA breach refers to the unauthorized acquisition, access, use, or disclosure of protected health information, leading to a compromise in its security or privacy. Any breach can result in legal repercussions and substantial fines. While achieving complete protection is challenging for healthcare organizations, HIPAA regulations advocate for the adoption of industry best practices to safeguard patient information and confidentiality.

Trust a Medical Answering Service with Proven HIPAA Compliance 

If your medical answering service falls short of HIPAA compliance standards, it's time for a change. The strength of your medical organization hinges on this crucial aspect.

notifyMD offers HIPAA-compliant answering service ensuring absolute patient’s security. We offer virtual receptionist app support. Reach out to us for further details and to explore more about our offerings.