How to Prevent HIPAA Violations with a Medical Answering Service

Understanding HIPAA Compliance in Answering Services

If you’ve been in the healthcare profession for long, you know there are serious consequences to HIPAA violations, and these violations are on the rise. According to the HIPAA Journal, 2023 saw 725 healthcare data breaches, resulting in more than 133 million records exposed or impermissibly disclosed.

The 1996 Healthcare Insurance Portability and Accountability Act was initially designed to help people maintain health insurance coverage between jobs. Since then, hundreds of amendments have been made to it. Today, the Privacy and Security Rules are the meat and potatoes defining how to secure patient data and how to prevent HIPAA violations.

As a practitioner, you’re undoubtedly concerned about how an answering service representing your practice can protect your patients’ privacy and keep their data secure and confidential. In actuality, not only can a HIPAA-compliant medical answering service protect against their services creating a HIPAA violation, but they can also safeguard your practice.

Here, we’ll break down the basic requirements, how to keep you and your patients safe, and the potential consequences of failing to comply.

Breaking Down HIPAA Rules: Privacy and Security

A HIPAA-compliant medical answering service must uphold HIPAA’s Privacy & Security Rules. The HIPAA Privacy Rule went into effect in 2002. It defines Protected Health Information (PHI), stipulates uses and disclosures, defines when authorization is required, and lists patients’ rights.

The HIPAA Security Rule, which governs the collection and use of electronically transmitted data, took another three years to become final. Within this subset are a myriad of rules covering data encryption, password management, device security, data disposal, security training, and more.

What Constitutes a HIPAA Violation in Healthcare?

So, what is considered a HIPAA violation? Several acts constitute a violation or non-compliance. The most common violations are the disclosure of patient information, the late notification of a data breach, or failure to provide HIPAA training.

Violations may also center around improper security controls and safeguards for electronic patient information. Texting patient information without encryption and a strong password, unsecured emails, and improper message storage all fall under the HIPAA violation umbrella.

Failure to comply can also result from actions by your subcontractors, employees, and service providers. That’s where the importance of a HIPAA-certified medical answering service comes in.

Real-Life Examples of HIPAA Violations

The Office of Civil Rights has a detailed list of the significant violations occurring in the U.S. Some HIPAA violation examples include:

A hospital implemented new minimum necessary policies for telephone messages after an employee left a message with a patient’s daughter. The employee did not follow confidential communication requirements, as the message included the patient’s medical condition and treatment plan.

Anthem, one of the largest health insurance providers, was charged with failure to conduct a risk analysis, failure to identify and respond to a possible security breach, and failure to implement minimum security controls. These charges came after hackers gained access to sensitive patient information, a data breach that affected about 79 million people. Anthem settled its violation fines of $16 million with the Department of Health and Human Services.

The Consequences of HIPAA Violations

Depending on the severity of the non-compliance, the government can impose civil penalties or, in severe cases, criminal penalties and imprisonment. The number of people it affected, the degree of harm, and any previous violations all weigh in on the final penalty. Fines can range from $141 to $2,134,831. The latter reflects the maximum penalty for willful neglect not addressed within 30 days.

In addition to incurring fines, you may also be required to provide additional training, implement safeguards, and comply with a multi-year corrective action plan. Employees who fail to comply may be required to attend refresher training.

The real damage can occur when patients learn of the violation and wonder if their information and data are safe with you.

How Answering Services Safeguard Your Practice from HIPAA Violations

HIPAA-compliant healthcare answering services are trained on how to prevent HIPAA violations. They adhere to strict security measures, ensuring patient records and data are protected, secure, and confidential.

To remain compliant, these medical answering services perform the following:

• Implement encryption protocols.
• Enforce strong password policies.
• Transmit patient information through encrypted confidential messaging platforms.
• Perform regular audits to pinpoint any vulnerabilities.

What Makes a Medical Answering Service HIPAA-Compliant?

The essential practices that make a medical answer service HIPAA-compliant include:

• Data transmitted via email, phone, or electronic messaging must be secured.
• Only authorized personnel can access the data.
• Sensitive data stored in servers, databases, or cloud storage requires cybersecurity protection. Physical locations require restricted access.
• Virtual receptionists are trained in HIPAA compliance.

Advantages of Partnering with a HIPAA-Compliant Answering Service

A HIPAA-compliant medical answering service implements several layers of protection. These include secure data transmission, automated responses, and strict data retention policies. Regular auditing and monitoring ensure protocols are in place and discrepancies are identified.

Choosing the Right HIPAA-Compliant Partner

While a HIPAA-compliant medical answering service can ease any concerns, choosing the right one is essential. At notifyMD®, we go one step further. As the first telephone answering service to be HITRUST Certified, we’ve achieved the gold standard in health information privacy and security.

Not only do we know how to prevent HIPAA violations, but we’ve also been vetted by experts and certified to be HIPAA compliant. With 30 years of experience in the medical community, we understand the regulations and the technology that support secure and safe patient data.

From appointment scheduling to secure messaging and our nurse triage services, HIPAA compliance has been integrated into every aspect of our healthcare answering services. To learn more about what is considered a HIPAA violation and how to prevent them, contact notifyMD®.