What is HIPAA And HITECH Compliance?: How to Protect Your Healthcare Business 24/7 (+ 5 Ways SMS Can Help You)

Are you in charge of a healthcare company? If so, you know how vital it is to keep your business compliant with the HIPAA and HITECH regulations. 

It can be pretty challenging but don’t worry. We’ve got you covered.

This article will help you navigate the details of maintaining HIPAA and HITECH compliance, from understanding the requirements to implementing best practices. You’d learn the major HITECH and HIPAA security standards and regulations

We’ll even throw in a secret weapon  – SMS – and tell you how to use it.  

Let’s get right into it.

What is the meaning of HIPAA and HITECH?

If you run a healthcare company, your business must comply with two acts. 

The Health Insurance Portability and Accountability Act (HIPAA) is the first act. The Health Information Technology for Economic and Clinical Health (HITECH) Act is the second act. 

These regulations keep your patient’s medical information private and secure. 

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What are the HIPAA requirements?

HIPAA has several requirements that you must follow to protect patient privacy. 

We’ll break these requirements into three main rules. 

That is the Privacy Rule, the Security Rule, and the Breach Notification Rule.

1. Privacy Rule

The Privacy Rule requires healthcare providers to protect patients’ personal health information (PHI). 

How? By limiting its use and disclosure. 

Here are some critical aspects of the Privacy Rule:

• Patients must know about their privacy rights and how you use their information.
• Healthcare providers must get written consent from patients before using their PHI.
• Patients can access and get a copy of their medical records.
• You must take steps to ensure the confidentiality and security of PHI.

2. Security rule

The HIPAA Security Rule says healthcare providers must take control of electronic PHI (ePHI). 

In other words, it’s your job to put things in place to protect patient data confidentiality. 

Here are some critical aspects of the security rule:

• You must perform a risk analysis to identify potential vulnerabilities in electronic systems.
• They must install physical, administrative, and technical safeguards to protect ePHI.
• Train your employees in your practice on security policies to ensure they follow them.

3. Breach notification rule

The HIPAA breach notification rule has one goal: To alert necessary authorities of a  breach. 

Healthcare providers must notify patients and the Department of Health and Human Services. 

And in other cases, the media, if there is a breach of unsecured PHI. 

Here are some key aspects of the breach notification rule: 

• Healthcare providers must provide notification of a breach within 60 days of discovery.
• They must also conduct a risk assessment to check the likelihood of a compromised PHI.
• Patients must know of the breach and the steps they can take to protect themselves.

How does HIPAA help your healthcare business? 

Complying with HIPAA requirements is not only about avoiding penalties and fines. It’s also ensuring that your healthcare business earns your patients’ trust. 

We’ll explore the ways HIPAA compliance can help your healthcare business thrive.

Now, let’s dive into some benefits of staying compliant with HIPAA regulations.

• Preserving your patients’ privacy: HIPAA compliance helps you safeguard your patient’s sensitive medical information. This means no unauthorised access or disclosure. By keeping your patients’ privacy, you build a strong relationship with them, and they are more likely to return for future medical needs.
• Avoiding legal and financial penalties: HIPAA non-compliance can result in hefty fines and legal penalties. By following the HIPAA regulations, you can avoid these penalties. 
• Enhancing your reputation: Patients trust you to keep your health confidential. What does it mean when you follow all HIPAA regulations? You show everyone you take responsibility seriously. This can help enhance your reputation as a security-first healthcare provider.
• Increasing efficiency: HIPAA compliance requires certain safeguards to protect patients’ information. By doing so, you also create a more efficient system for managing medical records and data. This can save you time and resources.

What are the HITECH requirements?

The Health Information Technology for Economic and Clinical Health (HITECH) Act extends HIPAA. 

The act promotes the meaningful use of health information technology. HITECH also strengthens HIPAA’s privacy and security provisions with laws for healthcare providers. 

With HITECH, what was added to HIPAA?

Some key HITECH provisions and requirements include:

• Breach notification: Much like HIPAA’s Breach Notification Rule. With HITECH, healthcare providers must notify affected individuals when there’s a breach.
• Business associate agreements: HITECH needs written agreements among business associates.  It’s like a promise to keep people’s private health information safe. 
• HITECH omnibus rule: This rule adds to HIPAA’s Privacy and Security Rules. It includes additional requirements like new breach notifications.
• Meaningful use requirements: HITECH provides financial benefits for some healthcare providers.

How does HITECH help your healthcare business?

Some benefits of following HITECH requirements include:

• Improved data security: Your patient’s PHI is safe from unauthorised access. 
• Better patient care: Use EHR technology to make patient care better. With EHR technology, your healthcare services will be more efficient and effective.
• Financial incentives: Need some extra financial aid? If you use EHR technology correctly, you could qualify for incentives.

What are the challenges of staying compliant with HIPAA and HITECH? 

As healthcare providers, staying compliant with HIPAA and HITECH can be challenging. 

Some key challenges include:

• Lack of resources: Small to medium-sized healthcare businesses might struggle with funding for training, technology, and security measures.
• Evolving cyber threats: If you think you’ve shielded your practice against today’s cyber threats, you should be prepared for what tomorrow holds.
• Human error: There will be human error despite the best policies and procedures. The error might be employees failing to encrypt data or falling for phishing scams.
• Business associate compliance: According to HITECH, third-party partners (like the billing software you use) must be compliant. It can be difficult to ensure such compliance. 
• Ongoing maintenance: Achieving compliance with HIPAA and HITECH is not a one-time event. You must update your policies and security measures to stay compliant. 

How to stay HIPAA and HITECH compliant round the clock in your organisation 

You must invest resources to secure your patients’ information and avoid fines. Here are six ways to stay HIPAA and HITECH-compliant round the clock.

Building a culture of compliance

In a healthcare practice, a culture of compliance means creating an environment where everyone understands the HIPAA and HITECH regulations. 

By building a culture of compliance, you can reduce the risk of violations, strengthen security, and boost patient trust.

How do you promote compliance throughout the organisation?

Here are some strategies to help maintain compliance with your employees:

• Provide regular compliance training sessions to all employees.
• Use real-life examples of data breaches and their consequences. This reinforces the importance of compliance in all employee communications.
• Encourage open communication. Build a culture where employees feel comfortable reporting any concerns about compliance.
• Hold employees accountable for compliance violations.
• Make compliance a recurring topic of discussion at team meetings to keep it top of mind for everyone.
• Incorporate compliance and make it a part of your company culture.

Conducting risk assessments

Conducting regular risk assessments helps you to address potential threats and weaknesses.

You’d also ensure that your business can handle security risks.

How do you perform a comprehensive risk analysis?

Here are some steps to follow:

• Identify the areas the risk analysis will cover.
• Document potential threats to the confidentiality of ePHI
• Assess current security measures in place to protect ePHI.
• Determine the likelihood of potential risks and vulnerabilities.
• Develop a risk management plan to address identified threats and vulnerabilities.
• Install and track risk management strategies and controls.
• Document the risk analysis process and maintain ongoing HIPAA and HITECH regulations compliance.

What are some ways to address identified risks and vulnerabilities?

So, you’ve conducted a risk analysis and identified potential threats and vulnerabilities in your healthcare business. 

What’s next? 

You take action and reduce the risk of data breaches and non-compliance. 

Here’s how you can do it.

First, prioritise the risks based on their potential impact on the security of ePHI. This will help you focus on the most critical issues. Next, create a risk management plan for your actions to address these risks. This plan should include metrics to ensure your efforts are practical.

Put in place controls to reduce the likelihood of identified risks. For example, use encryption, access controls, and monitoring.

Provide ongoing training and awareness programs to employees. This training helps them understand their role in protecting ePHI.

Finally, track your security measures. Conduct periodic risk assessments to ensure ongoing compliance with HIPAA and HITECH regulations.

Creating and updating company policies and procedures 

Creating and updating policies and procedures is crucial for staying compliant.

Regular reviews and updates help ensure your healthcare organisation follows the latest guidelines and best practices. 

What are the best practices for drafting and updating policies and procedures?

Here are some best practices to follow:

• Define the purpose and scope of your policies and procedures
• Involve stakeholders in the drafting process
• Ensure your policies and procedures are clear and concise
• Establish a regular review and update process
• Provide ongoing training for employees on policies and procedures

What are some ways to ensure policies and procedures are followed?

Policies and procedures are only effective if your employees follow them. Here are some tips to ensure that your employees comply with established policies and procedures:

• Communicate policies and procedures regularly and effectively
• Provide training to all employees on policies and procedures
• Create a system for monitoring and ensuring compliance
• Hold employees responsible for following policies and procedures
• Conduct regular audits to ensure policies and practices are strictly followed.

Training staff and maintaining records

As a healthcare practice owner or manager, your staff must be well-trained on HIPAA and HITECH requirements. This will help lessen the risk of accidental violations. 

How can you conduct practical compliance training?

Here are some tips to ensure adequate training and accurate record-keeping:

• Use real-life examples to make the training relevant
• Maintain records of all training sessions and attendees
• Review and update training materials to reflect changes in regulations

Auditing and monitoring 

Auditing involves reviewing policies and procedures to ensure they align with the regulations. 

It also includes tracking activity and user behaviour to detect potential violations.

By auditing and monitoring your processes, you can nip potential compliance issues.

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How can you perform effective internal audits?

To conduct effective audits and monitoring activities, here are some tips to keep in mind:

• Assign a dedicated team to perform audits and monitoring activities
• Develop a checklist to ensure you review all necessary areas
• Review policies and procedures to identify any gaps
• Use risk assessments to identify areas that need more attention
• Keep accurate records of all audit and monitoring activities
• Use the results of audits and monitoring to make adjustments as needed
• Schedule regular audits and monitoring activities

When you get the results of an internal audit or monitoring activity, you must act on them. 

Start by reviewing the findings and understanding the areas that need improvement. Then, create an action plan to address these issues. 

Depending on the results, you may need to involve different departments. After implementing your project, keep monitoring and measuring your efforts. 

Finally, document your actions and findings. It’ll help you track progress and show your commitment to compliance. 

Securing electronic personal health information (ePHI) 

Your patient’s personal health information should be safe. You can take steps to ensure that your data and systems are secure. 

What kind of steps? Security measures, like firewalls, encryption, and access controls. 

What are some tips for maintaining strong security controls? 

Here are some tips for implementing and maintaining strong security controls:

• Update your software and systems regularly to ensure they have the latest security patches.
• Use passwords that are strong in addition to two-factor authentication for extra protection.
• Limit access to sensitive data only to those who need it.
• Conduct regular security training for all employees to keep them up-to-date on the latest threats and how to avoid them.
• Monitor your systems for suspicious activity and investigate potential security incidents immediately.

Use SMS to send ePHI securely

Have you ever considered using text messaging (SMS) to communicate sensitive healthcare information?

Believe it or not, SMS can be a secure way to transmit ePHI if you follow some best practices. Here are a few tips to help you use SMS as a secure communication channel:

• Use a secure messaging platform that encrypts messages in transit and at rest.
• Use 2FA to verify the identity of both the sender and the receiver.
• Educate your staff on best practices for using SMS. Teach them to avoid shorthand or abbreviations that could cause misunderstanding.
• Set policies and procedures for how to use SMS  to communicate ePHI. 
• Regularly review your SMS communications to ensure HIPAA and HITECH regulations compliance.

What makes SMS so safe?

Here’s why SMS is a secure communication channel to consider.

1. End-to-end encryption 

SMS platforms use a fancy term called “end-to-end encryption”. 

This means your messages are secure from the moment they leave your device. Then only the intended recipient can access and understand the message, keeping your information private.

2. Authentication measures

SMS platforms often have extra security measures like two-factor authentication. This means you must provide an additional verification step to confirm your identity. It’s like having a different lock on your messages.

3. Accessibility and convenience

One of the great things about SMS is how easy and convenient it is. Almost everyone has a mobile phone, so it’s a widely accessible communication method. Plus, it’s quick and straightforward, which can be helpful when sending time-sensitive information.

4. Auditability and traceability

Secure SMS platforms offer features like message logs and read receipts. You can keep track of your communication. There’s a trail if you need to show proof of communication.

5. User awareness and training

It’s essential to educate your staff about secure communication practices. This includes recognising potential phishing attempts and using strong passwords. When everyone knows how to play it safe, it adds an extra layer of protection.

Why should you use SMSCountry for your practice?

SMSCountry provides fast and compliant messaging to enhance your patients’ experience.

With SMSCountry, you can send fast and secure updates, alerts and notifications to patients and staff via SMS, voice, or WhatsApp with a HIPAA-compliant SMS API and platform. Backed by 24/7 support, your team will love

SMSCountry’s SMS API and platform are built with reliability and security in mind. Our platform is secure, and our customer support team can also help you ensure you always use SMS securely.

Check out all SMSCountry offers your healthcare practice. Book a demo to see how it works.

How do you respond to security breaches?

You must have an effective incident response plan for a security breach. You also need to understand the breach notification requirements for security incidents and breaches. 

These requirements state what you must do to notify the affected individuals and even the media during a breach. Stay familiar with these guidelines to take appropriate action during a breach.

How do you create an effective incident response plan?

Follow these steps to build an effective incident response plan:

• Assess your organisation’s specific risks and vulnerabilities to determine what you might need to prepare for
• Establish clear roles and responsibilities for incident response team members.
• Define the steps to follow during a security incident, including identifying and containing the breach, mitigating damages, and restoring normal operations.
• Ensure your plan includes communication protocols for notifying relevant stakeholders, including employees, clients, and regulatory authorities.
• Regularly test and update your incident response plan to adapt to evolving threats and changes in your organisation’s environment.

Your ultimate HIPAA and HITECH compliance checklist

Having a checklist can be incredibly helpful regarding HIPAA and HITECH compliance. Here’s your ultimate compliance checklist in a nutshell:

• Understand the HIPAA and HITECH requirements and how they apply to your organisation.
• Implement security controls to safeguard ePHI.
• Train your staff on HIPAA and HITECH regulations and security best practices.
• Conduct regular risk assessments to identify vulnerabilities and address them proactively.
• Develop and update policies and procedures to reflect current compliance standards.
• Ensure proper encryption and secure transmission of ePHI, including through SMS.
• Maintain accurate and complete records, including training and incident response documentation.
• Monitor and audit your systems to detect and respond to security incidents promptly.
• Have an incident response plan to manage breaches effectively.
• Stay up-to-date with changes in regulations and industry best practices to adapt your compliance efforts. 

Safeguarding patient data with SMS

You’ve learned the essential requirements and best practices to keep your business compliant and safeguard sensitive health information. 

Remember, secure communication channels like SMS are crucial to protect ePHI and maintain compliance. 

Consider leveraging SMSCountry’s secure SMS solutions for your healthcare communication needs. 

Schedule a free demo to see how SMSCountry can help you starting today.