Healthcare organizations often need to share protected health information (PHI) with business associates to enhance efficiency and improve patient care. However, this comes with the responsibility to safeguard patient privacy and comply with HIPAA regulations. Healthcare organizations can follow the recommended practices to securely share PHI with business associates while maintaining HIPAA compliance.
Business associates and the role of business associate agreements (BAAs)
Business associates perform specific functions or services that involve accessing PHI. Examples of business associates include billing companies, IT service providers, medical transcription services, and legal services handling healthcare claims. These entities assist healthcare organizations in tasks that require access to PHI, streamlining operations, and ensuring quality healthcare delivery.
Before sharing any PHI, healthcare organizations must have a written business associate agreement (BAA) with each business associate. The BAA outlines the permissible uses and disclosures of PHI and ensures that business associates are held accountable for safeguarding patient data. The BAA also defines the responsibilities of both the healthcare organization and the business associate regarding HIPAA compliance.
Related: How to know if you're a business associate
HIPAA compliant methods for sharing PHI
- Encrypted email: Using encrypted email services ensures that PHI remains protected during transmission and can only be accessed by authorized recipients with the appropriate decryption key. Encrypting emails adds an extra layer of security, making it difficult for hackers or unauthorized individuals to intercept and view sensitive information.
- Secure file transfer protocol (SFTP): SFTP provides a secure method for transferring files with PHI. It encrypts data during transit and requires user authentication for access, ensuring that only authorized users can retrieve the shared information.
- Virtual private network (VPN): A VPN establishes a secure and encrypted connection between the healthcare organization and the business associate's network. This method ensures that data transmitted between the parties remain confidential and protected from potential threats or breaches that may occur over unsecured networks.
- Text messaging: HIPAA compliant text messaging platforms offer encrypted and secure communication channels, making them suitable for exchanging sensitive patient data.
- Secure file sharing services: Select reputable cloud-based file sharing services that offer encryption and access controls. These services allow healthcare organizations to share files containing PHI with business associates securely.
- Encrypted physical media: In rare cases where electronic means are not feasible, PHI can be shared via encrypted physical media, such as encrypted USB drives. To maintain data privacy, the media can be sent through certified mail or secure courier services.
- HIPAA compliant apps: If healthcare organizations use mobile devices for sharing PHI, they must ensure that any apps or communication tools used are specifically designed as HIPAA compliant. Mobile apps should have robust encryption and authentication features to protect PHI on the go.
Sharing PHI with business associates is integral to healthcare operations, as it fosters collaboration and enhances patient care. However, it comes with significant responsibilities for healthcare organizations to protect PHI and maintain HIPAA compliance.
Related: HIPAA compliant email: the definitive guide
Liyanda Tembani
