Essentials for Navigating HIPAA Compliance in Medical Aesthetic Practices: A Guide to Protecting Your Patients and Your Practice
By Paulina Riedler* and Suzanne Natbony, Esq.**
Navigating the landscape of HIPAA compliance can be a challenging task, especially for medical aesthetic practices trying to utilize the latest technology. Yet, in an era of ever-evolving digital threats, understanding and adhering to HIPAA regulations is a non-negotiable. Whether you’re a seasoned practitioner or just getting started in the medical spa space, here are things you should be doing to effectively protect your patients and your practice.
Ensure All Staff Are Properly Trained
The Health Insurance Portability and Accountability Act (HIPAA) sets the standard for protecting sensitive patient data. Any practice that deals with protected health information (PHI) must ensure that all the required physical, network, and process security measures are in place and followed.
In order to achieve this, proper training is crucial. All staff members, including receptionists, patient coordinators, and marketing, must be well-versed in HIPAA regulations and the specific protocols your practice follows to protect patient information. This training should be renewed every two years to stay up-to-date with the latest guidelines and practices. Online resources such as your payroll provider or HIPAA Training at https://hipaatraining.com may be cost effective and can be invaluable.[1]
Consider forming a dedicated committee within your practice to oversee HIPAA compliance efforts. This committee can be responsible for staying up-to-date on regulations, conducting training sessions, and ensuring policies and procedures are followed.
Training should cover topics such as:
Patient rights under HIPAA
What constitutes PHI
How to properly handle and secure PHI
Safe communication practices
Importance of password security
Reporting potential breaches
Training should be provided during the onboarding process for new staff and repeated every two years or more frequently, depending on changes to regulations or internal policies.
[1] Another option is an attorney through Solve & Win who provides virtual training. Email at info@solveandwin.com
Work with an IT Professional to Develop a a Security Risk Assessment
Given the technical nature of HIPAA compliance, working with an IT professional is often beneficial. They can help ensure your software and systems are robust enough to protect PHI, implement necessary security measures, and stay updated with the latest technological requirements. Work with your IT professional to complete a comprehensive and regular risk assessment to identify potential vulnerabilities in your practice’s handling of PHI. This assessment should cover all areas where patient data is accessed, stored, and transmitted, as well as security measures in place for data protection, and potential risks with using third party vendors.
Develop Policies and Procedures
Developing a set of detailed policies and procedures tailored to your practice’s operations is essential. These policies should be documented, readily available to staff, and audited bi-annually to ensure ongoing compliance. Key areas to focus on include:
User Access Review: Regularly review who in your organization has access to patient data based on their role. Limit this access as much as possible to a need-to-know basis to minimize exposure.
Secure Password Protocols: Implement strong password policies and ensure they are followed by all staff, including minimum character length, complexity requirements, two factor identification, and regular password changes. Encourage staff to avoid using the same password for multiple accounts.
Data Encryption: Encrypt all PHI both in transit (e.g., email) and at rest (e.g., on servers) to protect it from unauthorized access.
Secure Communication Practices
Avoid emailing PHI as email is often not secure. Many practices forget that identifiers such as phone numbers, addresses, email addresses, and full-face photos are considered PHI. Even a simple mistake, like forwarding an email with a patient’s visit note attached, can lead to a breach. Using a protected portal or messaging system for all patient communication is best practice. Make sure that your practice obtains a proper patient consent prior to transmitting PHI and that the mode of record release is followed (e.g., mail, fax, email).
Maintaining Physical Security
Ensure that consultations occur in private spaces where patients feel safe discussing their health history. Conducting these discussions in shared waiting rooms, hallways, or public spaces is inappropriate and can lead to unintended disclosures of PHI.
Secure Shared Mobile Devices
If your practice uses shared mobile devices, such as an office iPad for patient intake forms, ensure there is no way a patient can access another patient’s data. Implementing “kiosk mode” on these devices is one way to secure them.
Utilize a Business Associate Agreement (BAA)
Any third-party vendor or contractor who may have access to PHI, such as cloud storage providers, marketing companies, or billing services, must sign a Business Associate Agreement (BAA) with your practice. The BAA obligates them to be compliant with HIPAA regulations. Templates for BAAs can be found online through the Department of Health & Human Services or through an attorney like Solve & Win.
Website Issues
Your website is another important frontier for HIPAA compliance. Ensure your site is secure and includes a Notice of Privacy Practices (NPP) for users. This NPP is distinct from the Patient Notice of Privacy Practices that patients physically sign during intake. The website NPP should outline how you handle user information collected through the site, such as contact details or appointment requests. By including this transparent and readily accessible document, you demonstrate your commitment to protecting user privacy and adhering to HIPAA regulations.
Staying Up-to-Date
Be on the lookout for updates to the HIPAA rules. The last major update was in 2013. The Office for Civil Rights (OCR) has proposed many changes to HIPAA privacy rules. The new rules are expected to be published this year.
California Considerations
Medical aesthetic practices in California need to be aware of additional patient privacy regulations under the California Confidentiality of Medical Information Act (CMIA). Familiarize yourself with both HIPAA and CMIA to ensure comprehensive patient data protection.
Conclusion
Ensuring HIPAA compliance in your medical aesthetic practice is an ongoing process that requires diligence and proactive measures. By understanding HIPAA requirements, properly training your staff, conducting regular risk assessments, and implementing robust security policies, you can protect both your patients and your practice from potential breaches. In this ever-evolving digital landscape, staying informed and prepared is your best defense.
*Paulina Riedler started her journey in healthcare as a registered nurse. After running a successful mobile IV practice in San Diego, she became passionate about supporting other nurse operated businesses. Paulina co-founded Spakinect in 2012 to protect healthcare providers and patients in the aesthetic industry. Since inception, Spakinect has provided virtual good faith evaluations to over 1,500 medical spas across the country.
** Suzanne Natbony is a licensed California lawyer, with an emphasis in healthcare law, and partner at Aliant LLP, with her own law firm, Solve & Win, PC, practicing transactional and regulatory-compliance law, while also being an entrepreneur with her own healthcare product company. She is also general counsel to a multistate medical spa franchise and other medical spas and physicians around the U.S. You may contact Suzanne by email at suzanne@lawyer.com.
