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The Health Insurance Portability and Accountability Act (HIPAA) was passed originally in 1996 to protect patients’ sensitive health information. A lot has changed in the past two and a half decades, and HIPAA has gone through several changes, but protecting patient privacy is just as important now as it has ever been.
Failure to comply with HIPAA privacy requirements can lead to fines, reputational damage, and license revocation. Those who aren’t sure whether they are taking adequate steps to protect patient privacy can read on to learn more about HIPAA compliance in data transmission.
Who Needs to Follow HIPAA Guidelines?
It’s not just doctors and other healthcare providers that are subject to HIPAA requirements. All business entities with ties to the medical field need to follow the guidelines at all times, including during the transmission of medical records and other sensitive documents. Patients also have the right to know about a provider or associated partner’s HIPAA compliance standards.
Understanding the HIPAA Fax Rules
HIPAA governs data security not just within organizations, but while the data is in transit. There are three rules that govern information security and privacy as they apply to sending faxes:
- The Privacy Rule
- The Security Rule
- The Breach Notification Rule
HIPAA-compliant tax software programs focus on helping clients ensure compliance with the security rule. It’s relevant to note here that not all online fax services are HIPAA-compliant. To meet requirements under the Security Rule, the fax service must offer adequate encryption security and ensure data privacy both while the faxed information is in transit and at rest. It’s always best to choose a fax service that guarantees compliance with HIPAA regulations.
Other Steps to Take
Healthcare providers and other entities covered by HIPAA can’t stop at just choosing compliant fax software programs. Federal law mandates that they also take additional, regular steps to prevent security breaches. They must:
- Take steps to ensure that the fax is delivered to the correct recipient.
- Include HIPAA-compliant fax cover sheets that indicate that the information included in the fax is confidential.
- Track all transferred data to provide an audit trail and evidence of potential breaches.
- Document the organization’s record-keeping methodology.
- Perform regular security risk assessments and audits.
- Put physical safeguards in place to prevent unauthorized computer, software, and document access.
Most organizations hire or assign a specific data security officer to perform risk assessments, make policy updates, and keep track of data and compliance. This security officer should also offer regular training and updates to all of the organization’s employees and draft letters to patients describing any changes in privacy and security policies.
Why HIPAA-Compliant Online Faxing Is So Important
Online faxes are much easier to protect than traditional fax systems. There’s no need to print documents, it’s possible to encrypt the data, and it’s easy to maintain a chain of custody from the initial sender to the recipient. Authorized users can simply upload the document to a fully encrypted fax server directly and send it out, reducing the chances that sensitive data will be handled improperly or fall into the wrong hands.
If ensuring HIPAA compliance during data transmission sounds like too much of a hassle, it’s time for the organization to reevaluate its priorities. Failure to comply with federal laws is never a wise business move, and the consequences of HIPAA non-compliance can be particularly devastating. Penalties for violating HIPAA’s privacy and security rules range from $100 to $50,000 per incident, and the damage extends beyond immediate monetary consequences.
When businesses or organizations have failed to resolve known security issues or have otherwise exhibited negligence, they may face criminal charges in addition to civil penalties. These charges can be filed against the business itself, its owners, and even its employees, and can result in a complete shut-down. Even if companies manage to avoid this worst-case scenario, their reputations will be damaged and both patients and potential business partners will look elsewhere for the services they need.
Final Thoughts
Every healthcare organization or business partner that provides goods or services to that organization must take documented steps to ensure compliance with HIPAA. The best way to protect patient data to comply with the Security Rule and Privacy Rule, and to help prevent data breaches, is to find a cloud-based online fax service that is familiar with HIPAA regulations and committed to providing maximum data protection. Remember, businesses of all sizes are subject to HIPAA, and all sensitive data must be secured. Reach out to an online fax service provider today to discuss options for organizations of all sizes.
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