Healthcare data breaches have risen dramatically in recent years. In 2023, 133 million patient records were exposed or disclosed, and this number does not seem to go down in the foreseeable future. These are not just statistics but the reality of data storage and security issues in the healthcare sector. The HIPAA policy exists to regulate this sphere and introduce the standards to be followed. Below, we will review what the HIPAA main requirements are and what companies can do to follow them.
HIPAA basics
Let’s familiarize ourselves with the basics of the regulatory framework. The Health Insurance Portability and Accountability Act was enacted in 1996, amended by the HIPAA Security Rule in 2003, and the HITECH Act in 2009. Simply speaking, it is a set of guidelines for handling patients’ data responsibly and safely. Although, it is quite a vast and detailed policy that covers multiple aspects of medical and health data collecting, storing, and sharing, there are 3 essential pillars it stands on.
- Privacy Rule: the guidelines for the use and sharing of the patient’s data.
- Security Rule: the guidelines for the safeguarding of the patient’s data.
- Breach Notification Rule: notify affected individuals, HHS, and the media, if needed, within 60 days of discovering a breach.
Who has to comply with these rules? There are two main categories of entities that are to comply with HIPAA to a certain degree.
|
Entity type |
Examples |
HIPAA obligations |
| Covered entities | Hospitals, clinics, insurance companies | Full HIPAA requirements apply |
| Business associates | SaaS analytics platforms, telehealth vendors, cloud providers and tracking services | Must sign the Business Associate Agreement and comply with the security rule |
Main strategies for HIPAA-compliant data collection flows
After the main terms are clarified, let's move to the procedures and key principles of HIPAA compliance. Many different nuances are covered in the policy itself. However, to save time, we are sharing 3 simple and easy-to-implement data collection strategies that will help you to stay HIPAA-compliant.
Data minimization: collect only what you need
The principle of data minimization sits at the heart of HIPAA regulations. Every field in a web form, every event captured by analytics, should serve a specific, documented purpose.
- New patient intake forms: collect name, DOB, and insurance information - but does the scheduling form really need full SSN, parents' names, or any other information that is better to be gathered during an in-person visit?
- Symptom checkers: capture symptom categories without requiring account creation that ties data to identifiable individuals.
- Telehealth intake questionnaires: ask for chief complaint and relevant history, but avoid open-ended fields that invite oversharing of sensitive information.
- Patient feedback surveys: use anonymous submission options when the feedback doesn’t require follow-up.
