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HIPAA implications of using blockchain

Written by Liyanda Tembani | Sep 5, 2024 10:34:45 AM

Blockchain, a technology that stores information like electronic health records (EHRs) in blocks, can help organizations securely manage patient data. Blockchain is decentralized, enhancing data integrity, security, and transparency. It aligns with the HIPAA requirements for securing protected health information (PHI), but includes challenges like ensuring data privacy, integrating with existing HIPAA compliant systems, and navigating regulatory uncertainties. 

 

Understanding blockchain in healthcare

Blockchain creates a chain of blocks, each containing a record of transactions secured through cryptography. Once a block is added to the chain, it cannot be altered without altering all subsequent blocks, making it secure and tamper-resistant. In 2022, the healthcare industry witnessed an embrace of blockchain technology, with its market share in the supply chain management application category surpassing 26%

The primary use of blockchain in healthcare is the secure sharing of EHRs across providers. Blockchain enables a safe exchange of records, guaranteeing that patient information remains confidential and intact. With blockchain, patients also have more control over who accesses their data, allowing them to grant and revoke access as needed, and logging any changes to a patient record. 

 

HIPAA requirements for patient data security

The HIPAA Security Rule outlines requirements for securing electronic PHI, including encryption, access controls, and audit trails. Blockchain’s ability to improve data security and integrity aligns with HIPAA’s goals, but organizations must ensure that the solution complies with HIPAA’s specific requirements. For example, PHI stored on a blockchain must be encrypted to prevent unauthorized access. 

Blockchain users should also follow the minimum necessary rule, outlined by the HHS, "The Privacy Rule generally requires covered entities to take reasonable steps to limit the use or disclosure of, and requests for, protected health information to the minimum necessary to accomplish the intended purpose."

 

Blockchain’s potential for enhancing HIPAA compliance

  • Data integrity and security: Once data is recorded on a blockchain, it cannot be altered or deleted, providing a tamper-resistant record of patient information that keeps PHI secure and confidential.
  • Decentralized access control: Blockchain allows for decentralized access control, enabling patients to manage who can access their data. Patients can automate consent through smart contracts (self-executing contracts with terms written into code). 
  • Auditability and transparency: Healthcare organizations can use blockchain to maintain detailed records of who accessed patient data, when, and for what purpose, creating accountability, transparency, and compliance with HIPAA's strict auditing standards.

 

HIPAA compliant blockchain use

Healthcare organizations should ensure that any PHI stored on blockchain is encrypted and anonymized. Smart contracts can manage patient consent and automate HIPAA compliance checks. Regular compliance audits can help ensure that blockchain implementations continue to meet HIPAA’s requirements.

Related: The role of blockchain in healthcare audits

 

FAQs

Can blockchain help in emergency access to patient records?

Blockchain can facilitate emergency access by allowing predefined conditions within smart contracts to grant immediate access to critical patient data while maintaining compliance with HIPAA.

 

Is patient consent always required for blockchain-based data sharing?

While blockchain can automate and manage patient consent, HIPAA requires explicit patient authorization before sharing PHI, except in cases covered by HIPAA exceptions, such as treatment or emergencies.

 

How does blockchain handle patient data across different healthcare providers?

Blockchain can securely share patient data across different healthcare providers by creating a unified, tamper-proof ledger that records all interactions with the data, ensuring consistency and HIPAA compliance.

Related: HIPAA Compliant Email: The Definitive Guide.