As digital technology advances, healthcare providers and their business associates must comply with federal law to guarantee patients` privacy. One way to achieve this is by ensuring security in all clinical data and protected health information.
The HIPAA Privacy Rule enables covered entities and business associates to use and disclose a patient`s protected health information for certain purposes without the patient`s explicit permission, including for healthcare operations, treatment, and payment. However, the rule also requires those entities to safeguard the patients` privacy by keeping their protected health information confidential.
Business associates in this context refer to those who conduct business with a covered entity and are given access to protected health information. The business associate agreement outlines the terms that both parties will adhere to in terms of privacy protection.
One crucial aspect of being HIPAA-compliant is to de-identify the protected health information before sharing it with business associates. De-identification means removing identifiable information, such as names, addresses, and social security numbers, from the healthcare records before sharing it with business associates.
De-identification ensures that the protected health information cannot be traced back to the patient, and thus, the HIPAA Privacy Rule will not apply. There are two methods of de-identifying data: the Expert Determination method and the Safe Harbor method.
The Expert Determination method involves a professional who has the certification of being an expert in the subject of de-identification looking at the protected health information to determine if there is a reasonable risk of identifying the patient. If there is no discernible risk, then the data is considered de-identified.
The Safe Harbor method requires the removal of specific identifiers listed in the HIPAA Privacy rule, including names, geographic locations, dates, and social security numbers.
De-identification also reduces the risk of data breaches, which can result in hefty fines and damage to a healthcare provider`s reputation. By complying with HIPAA regulations, business associates can avoid the potential negative consequences associated with the misuse of protected health information.
In conclusion, business associates must sign a business associate agreement that guarantees patient privacy. Before sharing protected health information, the entity should de-identify the data to ensure compliance with HIPAA regulations. This practice ensures patient privacy and reduces the risk of data breaches and other negative consequences.