Do cloud servers need to be HIPAA compliant?

HIPAA sets strict standards for the security and privacy of protected health information (PHI). Healthcare organizations and their business associates must ensure that cloud servers storing, processing, or transmitting PHI adhere to this standard. 

Do cloud servers need to be HIPAA-compliant? "The answer is an unequivocal yes," says Marty Puranik, CEO of HIPAA Compliant Hosting Provider Atlantic.Net. "The flexibility and scalability of the cloud do not remove the fundamental requirement to protect patient data. A compliant cloud environment must be built on a foundation that addresses all three safeguard categories required by the HIPAA Security Rule: Technical Safeguards, like encryption, firewalls, and audit controls; Physical Safeguards that ensure data center security and availability; and Administrative Safeguards, including clear policies governing data access, use, and training."

What is a secure cloud server?

A secure cloud server is a remote computer system provided by a trusted cloud service provider that is set up and configured with strong protective measures to keep data safe.

It uses special techniques like encryption to hide information from unauthorized access, ensures that only the right people can get in, keeps a record of who does what with the data, and regularly saves copies of the data in case something goes wrong.

These secure servers are kept in highly protected facilities, and the people who manage them are trained to ensure they stay secure. Ultimately, a secure cloud server is designed to guarantee that data is always kept private, unchanged, and available when needed. 

Examples of cloud computing services

• Infrastructure as a service (IaaS). 
• Platform as a service (PaaS) 
• Software as a service (SaaS) 
• Database as a service (DBaaS) 
• Containers as a Service (CaaS) 
• Function as a service (FaaS) 

See also: A guide to HIPAA and cloud computing

Does HIPAA require cloud servers?

HIPAA regulations require PHI to be safeguarded with security measures when stored, processed, or transmitted. Secure cloud servers play a role in achieving this by providing a reliable and compliant infrastructure for hosting and managing PHI.

These servers must adhere to specific security requirements, including encryption, user authentication, access controls, and more, to ensure the confidentiality, integrity, and availability of PHI. Therefore, when dealing with healthcare data in the cloud, HIPAA compliance necessitates the use of secure cloud servers to maintain the privacy and security of patient information.

See also: How and why to transition your healthcare business to the cloud

Does this requirement extend to servers used by business associates?

HIPAA requirements for secure cloud servers do extend to those used by business associates, including HIPAA compliant email service providers. Business associates are entities that handle PHI on behalf of covered entities, such as healthcare providers or insurers.

Business associates, for example, email service providers, are obligated under HIPAA to comply with the same stringent security and privacy standards as covered entities. This includes implementing similar stringent security measures. 

Security features required for a cloud server to be considered HIPAA compliant

1. Data encryption: Implement robust encryption mechanisms to secure data at rest and in transit, ensuring that PHI is protected from unauthorized access.
2. Proper key management: Establish effective key management practices, including encryption keys, initialization vectors, and HMAC keys, to maintain data security.
3. Unique user IDs: Assign unique user IDs to all authorized users and prohibit sharing login credentials to track and control access to PHI.
4. Authentication: Implement secure user authentication processes to verify the identity of individuals accessing PHI.
5. Authorization: Control access to PHI by assigning specific roles and privileges to users, allowing them to access only the data necessary for their job functions.
6. Audit logs: Maintain comprehensive audit logs that record all data interactions, including user logins, reads, writes, and edits, for monitoring and compliance purposes.
7. Data backups: Regularly create, test, and securely store data backups, ensuring they are encrypted if they contain PHI.
8. Dedicated infrastructure: House cloud servers in a high-security infrastructure that complies with HIPAA standards to protect PHI effectively.

How to ensure your cloud server provider is HIPAA compliant

1. Research cloud providers: Start by researching cloud service providers that offer healthcare-specific solutions or explicitly mention HIPAA compliance in their offerings.
2. Request Business Associate Agreements (BAAs): Contact potential cloud providers and request a Business Associate Agreement (BAA). A BAA is a legal contract that ensures the provider acknowledges its responsibilities in safeguarding PHI.
3. Assess security measures: Evaluate the security measures offered by the cloud provider. Ensure they provide robust encryption for data at rest and in transit.
4. Compliance expertise: Assess the provider's expertise in HIPAA compliance. Ask if they have experience working with healthcare organizations and understand the specific requirements of the healthcare industry.
5. Incident response and reporting: Ensure that the cloud provider has an incident response plan to handle security breaches and can assist with timely breach reporting as required by HIPAA.
6. Data center audits and certifications: Check if the provider's data centers undergo regular security audits and hold certifications relevant to healthcare data security, such as SOC 2 or ISO 27001.