The Health Information Portability and Accountability Act was enacted several years ago to protect patient medical information from access by unauthorized entities. As patient information has now become completely digitized, it is important for that information to be protected for patient privacy and sensitivity. All medical providers are required to comply with the data protection legislation if they fit the definition of a covered entity HIPAA Service. All covered entities need a comprehensive policy to meet the requirements, and enlisting the qualified advice of a healthcare lawyer is the best way to do so.
Implementation of the HIPAA protocol can be confusing when determining what is a covered entity. Business associates that are fundamental to a patient’s care are included, but the employees of the covered entities are not liable for unauthorized information releases. It is the responsibility of the medical provider to ensure legal complicity and only covered entities can be respondent in any legal recourse.
There are some general policy rules that make an excellent foundation for a complete patient information protocol. One of the most obvious is constant monitoring of the patient files. Hackers aim to act on weak targets in most cases. Knowing that sensitive information is protected by a well-encrypted firewall is the starting point. Email should also be protected, as it is often a backdoor access. Anti-virus software is also critical to prohibit corrupted files. In the event security is compromised, providers are easily liable so preventive measures are a must.
Make sure all patient information is accurate and double check in as many information fields as possible. Many patients will not allow all of their information to be released to everyone, including family members. Specific information is necessary with this potential problem and many providers do not discriminate with information access, requiring complete authorization.
In the delivery of information it is important to make sure what kind of information can be transferred to the requesting entity. All medical providers are not authorized for blanket information access, depending on the service, and delivery should have a systematic informational verification check in the flow of information.
All medical providers are involved with transferring a significant amount of personal patient information on a daily basis and the opportunity for error is clearly present. When developing a company protocol it is always a good idea to have an attorney review the policy to make certain it benefits both staff and patients alike.