There have been interesting discussions in 2023 as far as what needs to be HIPAA compliant with web sites and what HIPAA compliance even means in regards to things connected to a web site.
We are not lawyers, and strongly suggest you ask for qualified legal advice in regards to information posted here, and elsewhere.
Please read, and have your counsel read this article from Politico:
‘Shut it off immediately’: The health industry responds to data privacy crackdown
There are many things connected to the info published in this article that need consideration.
As to where I have advised people to move certain services to better secured hosting, and to avoid certain third party connectors. I had not considered whether google analytics or similar services from facebook or others would trigger an issue such as is mentioned in the article.
HIPAA (Health Insurance Portability and Accountability Act) compliance is a critical consideration for healthcare websites and forms that deal with protected health information (PHI). HIPAA sets the standards for safeguarding sensitive patient data and ensuring its confidentiality, integrity, and availability. Let’s explore HIPAA compliance requirements in the context of healthcare websites and forms:
- Protected Health Information (PHI):
PHI refers to any individually identifiable health information that is transmitted or maintained by a covered entity or its business associates. This includes patient names, addresses, Social Security numbers, medical records, and any other data that can be used to identify an individual. - Secure Data Transmission:
HIPAA requires that PHI transmitted over the internet is protected. Healthcare websites and forms must use secure protocols such as HTTPS (Hypertext Transfer Protocol Secure) to encrypt data during transmission. Secure Socket Layer (SSL) certificates should be implemented to establish a secure connection between the user’s browser and the website server. - Access Controls and Authentication:
Healthcare websites and forms should have strict access controls in place to ensure that only authorized personnel can access PHI. This involves implementing strong authentication mechanisms, such as unique usernames and passwords, and employing measures like two-factor authentication (2FA) for an added layer of security. - Data Storage and Encryption:
PHI stored on servers or databases must be encrypted to protect it from unauthorized access. Encryption methods such as Advanced Encryption Standard (AES) can be used to ensure that data is secure both at rest and in transit. - Audit Logs and Monitoring:
HIPAA mandates that covered entities keep audit logs and regularly monitor system activity to detect any unauthorized access or breaches. Healthcare websites and forms should implement logging mechanisms that record user activities and access attempts for auditing and monitoring purposes. - Business Associate Agreements (BAAs):
If a healthcare website or form involves sharing PHI with third-party service providers, such as hosting providers or analytics platforms, covered entities must have a signed Business Associate Agreement (BAA) in place. A BAA ensures that these entities comply with HIPAA regulations and properly safeguard PHI. - Privacy Policies and Notice of Privacy Practices:
Healthcare websites and forms should have clear privacy policies that inform users about the types of information collected, how it will be used, and how it will be protected. Additionally, a Notice of Privacy Practices (NPP) should be provided to patients, outlining their rights regarding their PHI and how it will be handled. - Training and Employee Education:
Covered entities should provide regular training and education to their employees regarding HIPAA compliance. Healthcare website administrators and staff must be aware of the policies and procedures in place to safeguard PHI and understand their roles and responsibilities in maintaining HIPAA compliance.
It’s crucial for healthcare organizations and website administrators to work closely with legal and security professionals to ensure full compliance with HIPAA regulations. Non-compliance can result in severe penalties and reputational damage. By adhering to HIPAA guidelines, healthcare websites and forms can provide a secure and trusted platform for patients and maintain the confidentiality of their sensitive health information.
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We are not lawyers, this is not legal advice. We strongly suggest you seek qualified legal advice in regards to information posted here, and elsewhere.
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