Professions Held Accountable for HIPAA Violations: Beyond Doctors and Nurses

HIPAA violations can have serious consequences for healthcare providers, insurance companies, and their business partners. While doctors and nurses are well aware of their responsibilities regarding patient confidentiality, many other professions can also be held accountable for breaches of HIPAA.

Who are Business Associates under HIPAA?

Any individual or entity that creates, stores, maintains, or transmits protected health information (PHI) on behalf of covered entities such as healthcare providers, healthcare clearinghouses, doctors, and nurses, are known as business associates. This includes:

Collections agencies Billing or coding companies IT consultants Practice management services Medical transcriptionists Answering services E-prescribing services Law offices or accounting firms Medical device makers Subcontractors providing remote backup services for patient information

Note: If a business associate delegates an activity to another entity, that entity is considered a subcontractor business associate. All the same rules apply.

Roles Beyond Doctors and Nurses

HIPAA applies to a wide range of professions beyond just doctors and nurses. Here are some additional roles that can be held responsible for HIPAA violations:

Medical providers, including psychologists and ambulance personnel, must comply with HIPAA guidelines. Business office personnel and insurance companies must follow the same rules as doctors or nurses. IT companies and accountants who may come into contact with patient information, even without accessing medical details, are also subject to HIPAA regulations.

Any person who comes in contact with confidential health information must adhere to HIPAA guidelines. This includes janitors, electricians, and even contractors renovating offices, unless you are supervising them.

Compliance Efforts

To streamline your compliance efforts, it is recommended to sign business associate agreements. These agreements ensure that all entities handling PHI understand the laws and agree to abide by them. Even if you suspect that a person or entity may come into contact with PHI, it is crucial to make them aware of their responsibilities.

A simple solution is to have them sign a contract stating:

“I understand the laws and agree to abide by them.”

This does not mean that you should leave things lying around, but it is important to have procedures in place for dealing with unexpected encounters. For instance, if a janitor finds a page of a record in the trash, they should know they have the responsibility to dispose of it properly.

Additional Resources

If you are looking to streamline your compliance efforts, consider visiting the HIPAA Ready website for additional resources and tools.

Thank you for taking the time to understand the importance of HIPAA compliance in the healthcare industry.