Debt collection agencies working in the healthcare sector face a unique challenge: complying with the Health Insurance Portability and Accountability Act (HIPAA). Since debt collectors often handle sensitive patient information, understanding how HIPAA applies and what it requires helps to avoid legal consequences.
HIPAA requirements for debt collectors
“Through a business associate arrangement, the covered entity may engage a debt collection agency to perform this function on its behalf,” says the HHS. This means that debt collectors qualify as business associates under HIPAA and can perform services involving PHI on behalf of healthcare providers. As business associates, debt collectors are required to comply with HIPAA just as healthcare providers do.
See also: Can healthcare providers share PHI with debt collectors?
PHI debt collectors handle
Debt collectors in healthcare often handle the following types of PHI:
- Patient names
- Contact information
- Billing and payment details
- Medical account numbers
- Information related to healthcare services
Even though debt collectors may not need to know detailed medical information, they are still exposed to PHI, and HIPAA compliance is thus mandatory. To achieve HIPAA compliance, debt collectors must consider:
- Business associate agreements (BAAs): Before a debt collector can access PHI, they must sign a BAA with the healthcare provider. This agreement ensures that both parties understand their responsibilities in safeguarding PHI and outlines the specific terms for protecting the information.
- Minimum Necessary Standard: HIPAA’s Minimum Necessary Standard requires debt collectors to access only the PHI needed to perform their job. This means only relevant billing information should be shared with collectors, limiting access to other personal health data.
- Implementing safeguards: Debt collectors must implement administrative, physical, and technical safeguards to protect PHI. Examples include:
- Encryption: Emails, files, and communications containing PHI should be encrypted to prevent unauthorized access.
- Access controls: Only authorized employees should have access to PHI. Password protection, multi-factor authentication (MFA), and access logging can help secure sensitive data.
- Data disposal: PHI that is no longer needed must be properly disposed of, such as shredding physical documents or securely deleting digital files.
- Training employees: Employees handling PHI must receive regular training on HIPAA rules and best practices for safeguarding patient information. This includes understanding phishing attacks, preventing unauthorized access, and knowing how to handle sensitive data.
- Reporting data breaches: Debt collectors must report any breaches of PHI to the healthcare provider and potentially the U.S. Department of Health and Human Services (HHS). Depending on the severity of the breach, notifications to affected individuals may also be required.
Consequences of non-compliance
HIPAA violations can result in severe penalties for debt collectors. Fines for non-compliance range from $141 to $71,162 per violation, depending on the level of negligence. Beyond financial penalties, non-compliance can lead to reputational damage, loss of clients, and lawsuits.
Read also: Higher HIPAA penalties announced
Best practices for debt collectors
- Perform regular risk assessments: Debt collection agencies should perform regular risk assessments to identify vulnerabilities in how they handle PHI. This helps address potential security gaps before they lead to breaches.
- Secure communication channels: All communications involving PHI, such as emails and phone calls, should be conducted using secure, HIPAA compliant methods. This ensures that patient information is protected at all stages of the debt collection process.
- Have an incident response plan: In case of a data breach, debt collectors should have an incident response plan in place. The plan should outline the steps to contain the breach, notify affected parties, and prevent future incidents.
- Limit access to PHI: Only employees who need access to PHI for specific tasks should be granted access. Ensuring that only the minimum necessary PHI is shared can reduce the risk of unauthorized disclosures.
- Stay informed of regulatory changes: HIPAA regulations evolve over time, and staying updated on changes ensures continued compliance. Debt collectors should regularly review updates from the HHS Office for Civil Rights (OCR) and incorporate new requirements into their practices.
See also: HIPAA Compliant Email: The Definitive Guide
FAQs
What is HIPAA?
HIPAA is a federal law enacted in 1996 to protect sensitive patient information. The law has two key rules that are relevant to debt collectors:
- Privacy Rule: This regulates how PHI can be used and disclosed.
- Security Rule: This sets standards for safeguarding PHI, particularly electronic PHI (ePHI).
Can a debt collector be held responsible for a healthcare provider’s HIPAA violation?
Debt collectors are responsible for their own HIPAA compliance. If a debt collector violates HIPAA, they can face penalties independently of the healthcare provider. However, both parties are accountable for protecting PHI according to their Business Associate Agreement.
Related: Who is responsible for a data breach?
What should debt collectors do if they no longer need certain PHI?
Any PHI that is no longer needed should be disposed of securely. This may involve shredding physical documents or permanently deleting electronic files according to HIPAA guidelines for data destruction.
Read more: How to securely dispose of PHI according to HIPAA standards
Tshedimoso Makhene
