Doctor-patient confidentiality is the foundation of trust in healthcare. Without it, patients are less willing to divulge private information that would aid them in getting the right diagnosis and medical treatment. Protected health information (PHI), including that in electronic form, is subject to the same level of confidentiality expectations. If healthcare organizations fail to sufficiently protect PHI, patients will have little motivation to trust these institutions and may refuse treatment out of fear.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) was enacted to safeguard the privacy and security of patient health information while instilling trust in the healthcare system. Noncompliance or failure to properly protect patient data can result in penalties of up to $50,000 per violation, lawsuits, and tarnished reputations.
But given the clear guidelines and potential consequences set out by HIPAA, healthcare organizations still fall short when it comes to compliance. This is probably because they’re making one or more of the common HIPAA compliance mistakes that we’ll explore in this article.
Wrongful disclosure of PHI
Wrongful disclosure happens when organizations share a patient’s PHI without their consent. This could be unintentional, such as staff misdirecting emails or discussing medical records in public. It could also be intentional or malicious, such as a disgruntled employee leaking PHI to unauthorized parties or selling it to hackers.
HIPAA-compliant security training is the most effective approach to eliminating these issues. Educate your staff on how to manage PHI, particularly when it comes to sharing information via email or other communication channels. To prevent malicious or deliberate disclosures, perform background checks on personnel who handle sensitive data and monitor access records for any odd activity. Establishing significant repercussions for improper disclosure, such as instant termination, is also a solid deterrent.
Failure to perform a HIPAA compliance risk analysis
If you’ve identified that your system is prone to cyberattacks, simply acknowledging that fact won’t be enough. You need to implement appropriate security measures such as firewalls, data loss prevention, end-to-end encryption, and anti-malware software. Without proper risk management strategies in place, the vulnerabilities identified in your risk analysis remain unaddressed, putting patient data at risk.
No encryption
Loss of devices containing ePHI
Lost or stolen devices are a leading cause of data breaches in healthcare institutions. To avoid breaches resulting from lost or stolen devices, encrypt all devices carrying sensitive information so that even if they fall into the wrong hands, the data is inaccessible. You should also use an endpoint management system, which allows you to track and remotely wipe ePHI from lost or stolen company-registered devices.
Improper disposal of PHI
Exceeding the 60-day breach notification deadline
HIPAA requires enterprises to notify affected individuals of a data breach within 60 days of its discovery. Exceeding this deadline may result in significant fines and legal consequences. This is why you should have cybersecurity professionals constantly watching for data breaches and responding as soon as one is identified. Many managed IT services providers lend their expertise in this area, so you can minimize the impact of the breach and alert everyone before the 60-day deadline.
Varsity Tech takes HIPAA compliance seriously and offers the best cybersecurity solutions available to keep your company safe from threats and regulatory penalties. Contact us immediately to maintain HIPAA compliance and secure patient data.
