How to Provide HIPAA-Compliant Telehealth Services

Last Updated On: September 17, 2024

In 2024, telehealth services continue to grow, so it’s important for practices to understand this technology. Therefore, healthcare providers need to make sure that their services are HIPAA compliant. 

Telehealth is a way that patients can get medical services from their doctors without having to travel, but as more services are provided online, Protected Health Information (PHI) is at risk. 

At Med Supply Solutions, we offer insights and solutions to help healthcare providers navigate this evolving industry. In this article, we will discuss HIPAA telehealth requirements, some of the HIPAA-compliant platforms, and ways in which your telemedicine services can be HIPAA-compliant.

What is HIPAA and Why Is It Crucial for Telehealth?

HIPAA is a federal law that gives requirements on the use of patients’ information. HIPAA compliance for telehealth is concerned with privacy and security of communication in the use of technology in the delivery of health services. 

Telehealth is the use of technology to provide care, and the terms telemedicine and HIPAA are intertwined because of the nature of the information that is being shared.

Key HIPAA Telehealth Requirements

To meet HIPAA telehealth requirements, providers must:

• Use HIPAA-compliant telehealth platforms; all communication must be encrypted.
• Make sure that any other software that is to be incorporated, for instance, video conferencing software, is safe.
• Ensure that any business associates that deal with PHI have a Business Associate Agreement (BAA).
• Inform staff and patients on how to practice safe telehealth communication.
• Keep records of the PHI and report any breach of the data in accordance with the legal requirements.

Best Practices for HIPAA-Compliant Telehealth Services

To ensure HIPAA-compliant telehealth services, providers should follow these best practices:

• Choose the Right Platform: Make sure that the telehealth platform you are using is HIPAA compliant, has the capability to support encryption, and has secure video conferencing.
• Obtain Patient Consent: Ensure that patients are aware of how their data will be used and how it will be stored. HIPAA mandates that informed consent is acquired, hence the need to ensure that patients fully understand the procedures to be undertaken.
• Secure Endpoints: The provider must ensure that the devices used are secure and the patient’s device also has to be secure. The staff should communicate using the company-provided devices with encryption, while the patients should access the telehealth services via secure networks.
• Train Staff: Make certain healthcare workers are informed about new HIPAA rules concerning telemedicine, especially on communication and protection of PHI.
• Limit Data Sharing: Only share the minimum necessary information during telehealth visits. This ensures compliance with HIPAA’s Minimum Necessary Rule.

The HIPAA Compliance in a Remote Workforce

As more and more people work from home, it is important to pay attention to the fact that HIPAA-compliant working from home is possible. Accessing patient data from outside the healthcare facility introduces new risks, making it essential to establish strict policies:

• Use Secure Devices and Networks: Make sure that the employees use the PHI only through authorized and HIPAA-compliant devices and networks. Security can be improved by Virtual Private Networks (VPNs) and two-factor authentication.
• Monitor Remote Access: Continuously assess and evaluate how PHI is accessed off-site to avoid breaches.
• Employee Training: Offer extensive security training to the employees working remotely so that they can appreciate the need to adhere to HIPAA rules.

Following these measures, healthcare organizations will be able to guarantee that their remote workforce is fully compliant with HIPAA telehealth rules.

HIPAA’s Minimum Necessary Rule in Telehealth

Another important aspect of HIPAA in the context of telehealth is the Minimum Necessary Rule, which implies that as much PHI as possible should not be disclosed for the task in question. 

Healthcare providers are only allowed to disclose information that is pertinent to the telemedicine consultations offered. This minimizes the chances of patients’ information being exposed and decreases the chances of receiving and responding to unnecessary security breaches that would infringe on HIPAA rules.

Importance of Telehealth Documentation and Recordkeeping for HIPAA Compliance

Documentation and recordkeeping are also another important factor that needs to be observed in HIPAA compliance in telehealth. Proper documentation also helps in retaining patient records in compliance with federal laws and also helps in future medical references.

Key Documentation Guidelines

• Maintain Comprehensive Medical Records: Telehealth consultations should also be documented as in any physical visit to the patient history, diagnosis, treatments, prescriptions, and a follow-up plan.
• Store Data Securely: Any medical record or session note should be kept on HIPAA-compliant platforms with encrypted backups to avoid any violation.
• Consent Forms and Disclosures: It is recommended to scan the signed informed consent form and any other disclosures discussed with the patient and store them in the patient’s electronic medical record safely.
• Audit Trails: Make it possible for all telehealth sessions to create audit trails to track the people who have been accessing the patient information and the time they were accessing it; this is very important for HIPAA compliance.

Recordkeeping is not only essential in the case of HIPAA compliance but also in the continuity of care since it helps healthcare providers deliver consistent, high-quality services to patients. It was revealed that poor documentation of telehealth sessions leads to HIPAA violations and poor patient outcomes.

Security and Confidentiality of Information in HIPAA-Compliant Telehealth Platforms

Security is very important when it comes to telehealth and HIPAA-compliant platforms, and encryption is one of the ways of achieving this. 

HIPAA telehealth rules require that data that is stored and transmitted must be encrypted in order to protect the patient’s information. Encryption makes sure that PHI is converted into a form that other people cannot understand during transfer or even storage. This is especially the case when handling health information that is considered to be more sensitive than other types of information, such as medical records or diagnostic images. 

With the help of encryption protocols that are widely used in the industry, healthcare providers can guarantee the confidentiality of the patient’s data and their immunity to cyber threats.

Telehealth and Business Associate Agreements (BAAs)

Whenever a third-party service like video conferencing is used, the healthcare provider has to enter into a Business Associate Agreement (BAA) with the vendor. A BAA also describes how the vendor will safeguard PHI and meet the requirements of HIPAA. 

If one does not have a BAA, engaging in the use of a telehealth platform means that one is actually violating the HIPAA rules. It is the responsibility of providers to ascertain that the telehealth vendors they select are willing to enter BAAs and that they are HIPAA telehealth compliant.

FAQs

Is WhatsApp HIPAA compliant for telehealth?

WhatsApp is not HIPAA compliant for telehealth. Although WhatsApp currently provides end-to-end encryption, it has no security features like audit logs and BAAs that HIPAA requires.

Is Zoom HIPAA Compliant for Telehealth?

Yes, Zoom for Healthcare is HIPAA-compliant, but this is only for the healthcare version of the application. There must also be a Business Associate Agreement (BAA) to make sure that the business associate complies. The regular Zoom accounts are not HIPAA compliant.

Is Google Meet HIPAA compliant for telehealth?

Google Meet can be HIPAA compliant if it is used in Google’s G Suite for Healthcare, which offers the necessary encryption tools and has a signed BAA. HIPAA-compliant telehealth cannot be conducted through the standard Google Meet.

What Video Conferencing is HIPAA Compliant?

Several platforms are HIPAA compliant for video conferencing in telehealth, including:

• Zoom for Healthcare
• Microsoft Teams (Healthcare version)
• Doxy.me
• VSee

Is Gmail HIPAA Compliant in 2024?

Gmail is not HIPAA compliant but can be made compliant through Google’s G Suite for Healthcare, which has secure email services besides having signed BAA.

Telehealth is increasingly becoming a standard in healthcare, and any practice that involves it must adhere to the HIPAA rules. Healthcare providers must use telehealth platforms that are compliant with the HIPAA requirements, obtain the necessary BAAs, and practice the recommended measures to protect the patient’s information. 

There are HIPAA-compliant options like Zoom for healthcare and Microsoft Teams, but they have to be set up properly, and PHI has to be safeguarded at all times.

References

1. HIPAA Journal. HIPAA Guidelines on Telemedicine. HIPAA Journal website. https://www.hipaajournal.com/hipaa-guidelines-on-telemedicine/. Published June 12, 2023. Accessed September 13, 2024.
2. U.S. Department of Health and Human Services. HIPAA and Telehealth: Privacy and Security FAQs. HHS website. https://www.hhs.gov/hipaa/for-professionals/special-topics/telehealth/index.html. Published 2023. Accessed September 13, 2024.
3. Next DLP. HIPAA Compliant Telehealth Platforms. Next DLP website. https://www.nextdlp.com/resources/blog/hipaa-compliant-telehealth-platforms. Published 2023. Accessed September 13, 2024.