The global telehealth market, valued at $83.5 billion, is projected to grow at an annual rate of 24 percent from 2023 to 2030. Healthcare providers, as covered entities, are taking full advantage of this expansion, but with this growth comes the responsibility of assuring compliance with the Health Insurance Portability and Accountability Act (HIPAA). For providers, understanding HIPAA telehealth requirements is paramount to protect patient information and maintain trust. 

This blog provides an overview of these requirements and practical tips providers can use to protect vital patient data. Our tips include seven common questions that arise during this process and answers that provide actionable steps providers can take to meet requirements and create HIPAA-compliant communication systems. 

Overview of HIPAA Telehealth Requirements  

HIPAA sets the benchmark for protecting sensitive patient information. The federal law was passed in 1996, creating national standards focused on privacy and consent to ensure patient confidentiality of their protected health information (PHI).  

So, what does this mean in terms of telehealth? Simplified, HIPAA has two main regulations protecting the privacy of individuals: 

The Privacy Rule establishes national standards for the protection of certain health information.  

The Security Rule ensures the confidentiality and availability of PHI when collected, shared, or transmitted electronically. 

Both rules apply whether care is provided face-to-face or remotely – meaning services like telehealth. With this understanding, providers must install proper safeguards to prevent unauthorized access to patient data during electronic transmission and storage. 

This is where HIPAA compliance education matters the most. For example, when starting a new virtual care practice, healthcare providers may assume that most communication systems are already compliant. Other misconceptions may include: 

• Providers do not need consent for telehealth services. 
• HIPAA rules do not apply to small practices.  

Unfortunately, these assumptions could cost providers both time and money. Failure to meet compliance rules can result in hefty fines, civil penalties, and even jail time.  

Informed decision-making and HIPAA compliance education can help telehealth providers avoid these liabilities. For instance, taking simple measures to ensure communication platforms have fundamental safety features is an easy first step.  

The First Step to Protecting Patient Information 

Following HIPAA rules starts with protecting communication services. Make sure any software or electronic health record (EHR) system offers these basic security features: 

• Access controls: Admission to telehealth platforms should only be given to authorized personnel.
• Encryption: End-to-end encryption tools protect patient information during communication. 
• Verification tools: Strong authentication processes are essential to verify the identity of patients and providers. 
• Monitoring: Logging telehealth systems’ usage helps detect any unauthorized activity.  

Next, we provide HIPAA compliance tips. These include seven common questions that arise during this process and detailed answers that provide actionable steps to create compliant communication systems. 

Actionable Tips for Compliant Telehealth Services 

1. Are my communication channels HIPPA-compliant? 

One essential HIPAA telehealth requirement is to use secure communication channels for services. This means using messaging platforms and video conferencing tools that comply with HIPAA standards.  

For example, avoid using consumer-grade applications that may not have the necessary security measures in place. Instead, use cloud-based EHR systems like DrChrono, which offers a telehealth platform that is compliant and secure.  

The system’s Security Policy makes stringent efforts to ensure data security and fully comply with all HIPAA regulations. Some measures include SSL AES 256-bit encryption (the highest commercially available level), internal policies that keep patient data private and confidential, and digital certificates.  

These security measures should also extend to communication tools like texting. For example, platforms like Updox, provide HIPAA-compliant messaging apps. The platform has robust features to ensure the protection of PHI during SMS texting, including: 

• Secure login methods  
• End-to-end encryption 
• Remote data wiping  
• Thorough audit trails  

2. What is a BAA?  

When working with third-party vendors for telehealth services, you must have a Business Associate Agreement (BAA) in place. A BAA describes how the vendor (business associate) will protect patient information and hold them accountable for any security breaches. Below is an excerpt from the Health and Human Services (HHS) about what the agreement should include: 

“The contract must: describe the permitted and required uses of PHI by the business associate; provide that the business associate will not use or further disclose the protected health information other than as permitted by the contract or as required by law; and require the business associate to use appropriate safeguards to prevent use or disclosure of the protected health information other than as provided for by the contract.” 

Pro tip: See if your vendor participates in Omnibus/HITECH. This information is located on a company’s website, on which you have a business associate agreement. These laws extend HIPAA rules to the BAA contract. They were created to encourage organizations to promote the meaningful use of EHRs, but they are also vital in meeting HIPAA requirements. 

3. What are access controls? 

Access controls limit who can view patient information. This includes using strong authentication methods, such as two-factor authentication or biometrics (using a person’s physical traits such as fingerprints or face), and assigning user roles. With this protection, only authorized personnel can access sensitive data. 

4. How do I conduct regular risk assessments? 

Regular risk assessments help providers evaluate security measures and determine whether they align with HIPAA requirements. Addressing any weaknesses can pinpoint potential breaches before they happen. 

According to Unity Health Care, some telehealth risk assessments should include measures such as: 

• Doing routine equipment testing and maintenance, such as checking audio, video, and data communication. 
• Verifying that telehealth hardware and software are compatible with the EHR. Fully integrated systems, like DrChronos, can achieve this requirement. The telemedicine platform also has full integration across mobile devices. 
• Conduct assessments of third-party vendors throughout the contract lifecycle. This helps providers track their security performance and assess whether they maintain security measures. 

5. Do I need to create policies and provide training? 

The answer is yes. Telehealth providers must develop HIPAA-compliance policies to mitigate the risk of violations and breaches and provide training on the policies. What topics should you cover? In general, it should include information on: 

• Security best practices. For example, how cybercriminals may hack the clinic and how to prevent data breaches. 
• Data privacy and what this means. 
• How to handle patient information securely. 

Avoid missteps by developing comprehensive written or video training materials that staff can use and refer to. This way, the information can be reviewed by all parties involved to check for omissions and errors. 

6. How do I maintain audit trails? 

This action requires providers to track who accessed patient data, when, and how they did it. This measure is put in place to find any unauthorized access attempts or data breaches. Implementing robust EHR systems can help meet this telehealth requirement.  

For example, DrChrono stores all information in a HIPAA-compliant SSAE 18 SOC 1 and SOC 2 data center. SSAE 18 (Statement on Standards for Attestation Engagements) is an internationally recognized third-party assurance audit designed for service organizations. SOC 1 & 2 are auditing reporting methods with distinct control objectives and criteria to report on SSAE 18.  

7. What are patient privacy notices? 

Notice of Privacy Practices (NPP) ensures patients receive clear, friendly, and straightforward privacy notices explaining how their information will be used and protected during telehealth sessions. These notices should highlight patients’ rights and provide them with the necessary information to make informed decisions about their healthcare. Go to HHS.gov for more details. 

Final Thoughts 

While telehealth offers considerable benefits, it also introduces challenges in maintaining HIPAA compliance. It’s important to stay informed and vigilant and prioritize data security to ensure a seamless and compliant virtual care experience.  

By understanding and implementing these seven telehealth requirements, providers can confidently deliver services while safeguarding patient information.