How home-based care providers can comply with HIPAA

Many personal care providers assume that HIPAA doesn’t apply to their organization because of the relaxed or ad-hoc nature of the services they provide. However, according to Home Healthcare News, HIPAA applies any organization that is paid for health care in the normal course of business. Health care includes preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, as well as counseling, assessments, or procedures. 

Understanding HIPAA's application to home-based care

The Health Insurance Portability and Accountability Act (HIPAA) establishes national standards to protect individuals' medical records and other personal health information. A "covered entity" under HIPAA is any organization that transmits health information electronically for transactions covered by HIPAA standards, including healthcare providers, health plans, and healthcare clearinghouses. Home-based care providers are considered covered entities under HIPAA regulations when they conduct electronic transactions like billing or coordination of care.

The National Association for Home Care and Hospice identifies the following types of home-based care providers; Medicare-certified home health agencies that offer skilled care through supervised professionals and coordinate caregiving teams; hospices providing comprehensive care for terminally ill patients with 24-hour availability; homemaker and home care aide agencies employing staff for personal care and housekeeping; staffing and private-duty agencies offering nursing services; pharmaceutical and infusion therapy companies delivering specialized treatments; durable medical equipment dealers providing medical products and installation; registries matching caregivers with clients; and independent providers hired directly by clients.

HIPAA components affecting home-based care include:

• Privacy rule: Governs the use and disclosure of protected health information (PHI)
• Security rule: Establishes standards for electronic PHI
• Breach Notification Rule: Requires notification following a breach of unsecured PHI
• Omnibus Rule: Expanded requirements to business associates

Common HIPAA challenges in home settings

1. Mobile device usage for documenting care
2. Transporting physical records between locations
3. Discussing patient information in shared living spaces
4. Securing network connections when accessing or transmitting PHI
5. Coordination with multiple caregivers and family members

Compliance strategies

According to a news article by HealthTech, home-based care providers can use the following strategies to comply with HIPAA:

• Find HIPAA compliant email and messaging solutions: HIPAA compliant communication is important because complex security measures can lead clinicians to use personal devices, putting PHI at risk. Paubox offers HIPAA-compliant email encryption that works automatically without extra steps. 
• Understand HIPAA compliant cloud storage: Cloud providers storing PHI must follow HIPAA regulations and implement security measures. A business associate agreement (BAA) is required, and covered entities must assess their cloud provider’s security to ensure compliance. 
• Conduct regular HIPAA risk assessments: HIPAA’s Security Rule requires covered entities to conduct risk assessments to identify vulnerabilities. These assessments help organizations determine encryption needs, data backup strategies, personnel screening processes, and secure PHI transmission methods. 
• Weigh patient security against HIPAA compliance: Patients expect access to their health records, but providers must ensure compliance when sharing PHI. Patients have the right to view, obtain copies of, and request corrections to their medical records. They may also authorize providers to share their records. HIPAA allows patients to take photos of their medical information during visits, provided security measures are in place to protect PHI.

FAQs

What qualifies a home-based care provider as a HIPAA-covered entity?

A provider is considered a covered entity if they transmit health information electronically for transactions like billing or coordination of care.

What are common HIPAA violations in home-based care?

Violations can include improper storage of physical records, unsecured mobile device use, and discussing PHI in shared spaces.

What role do family members play in HIPAA compliance for home-based care?

Family members may be involved in care but can only receive PHI with patient authorization or legal guardianship.