E-signature software lets people sign contracts, consent forms, and other documents electronically instead of printing, signing, and scanning them. Providers such as DocuSign, Adobe Acrobat Sign, Dropbox Sign, and SignNow are used in healthcare for patient intake forms, consent documents, referrals, and authorizations. These documents often contain protected health information (PHI).

Are e-signatures HIPAA compliant? Yes, e-signatures can be HIPAA compliant, but there are limitations.

 

Will e-signature providers sign a business associate agreement (BAA)?

It depends on the vendor and the plan. Many major e-signature providers will sign a BAA, but usually only for customers on specific tiers, and often only after contacting sales.

 

What does an e-signature BAA cover?

An e-signature BAA generally covers how the vendor handles PHI that passes through its signing platform. This usually includes the documents, signer information, and signature records created while using the service. The BAA should clearly identify which services are in scope.

 

Conclusion

E-signature software can be HIPAA compliant, but only when the vendor signs a BAA that covers the plan and services you use.

Learn more: HIPAA Compliant Email: The Definitive Guide

 

FAQS

What is a business associate agreement?

A business associate agreement (BAA) is a legally binding contract establishing a relationship between a covered entity under the Health Insurance Portability and Accountability Act (HIPAA) and its business associates. The purpose of this agreement is to ensure the proper protection of personal health information (PHI) as required by HIPAA regulations.

 

What is HIPAA?

The Health Insurance Portability and Accountability Act (HIPAA) sets national standards for protecting the privacy and security of certain health information, known as protected health information (PHI).

HIPAA is designed to protect the privacy and security of individuals’ health information and to ensure that healthcare providers and insurers can securely exchange electronic health information. Violations of HIPAA can result in significant fines and penalties for covered entities.

 

Who does HIPAA apply to?

HIPAA applies to covered entities, which include healthcare providers, health plans, and healthcare clearinghouses. It also applies to business associates of these covered entities. These are entities that perform certain functions or activities on behalf of the covered entity.