Changing Technologies and HIPAA Compliance
Changing technologies significantly impact HIPAA compliance, presenting opportunities and challenges for healthcare organizations. Here are some key ways in which evolving technologies affect HIPAA compliance:
- Cloud Computing: The adoption of cloud computing solutions has become widespread in healthcare, offering benefits such as scalability and cost savings. However, it also raises privacy and security concerns. Cloud computing providers are Business Associates under HIPAA. Organizations must ensure that cloud service providers are HIPAA-compliant and that patient data stored in the cloud is adequately protected through encryption and access controls. Organizations that use a cloud computing provider must enter into a Business Associate Agreement with the provider.
- Telehealth Services: The expansion of telehealth services, especially accelerated by the COVID-19 pandemic, requires healthcare providers to use HIPAA-compliant technology to protect patient information. This includes secure communication platforms that meet HIPAA standards for confidentiality and data integrity.
- Wearable Technology: Wearable devices that track health data pose unique challenges for HIPAA compliance. Organizations must be vigilant in assessing the compliance of any wearable technology they integrate into their services. If companies that provide wearable devices handle PHI, they are Business Associates.
- Evolving Cybersecurity Threats: As technology advances, so do cybersecurity threats. Healthcare organizations must continuously update their security measures to protect against new vulnerabilities that could compromise Protected Health Information (PHI). This includes implementing robust cybersecurity protocols and conducting regular risk assessments.
- Data Management and Interoperability: The increasing volume and complexity of health data require advanced data management solutions that can handle large datasets while maintaining compliance. Interoperability between different systems must be managed carefully to ensure that data sharing does not violate HIPAA regulations.
Overall, while rapidly changing technologies offer significant benefits for improving healthcare delivery, they also necessitate a proactive approach to maintaining HIPAA compliance. Organizations must stay informed about technological advancements and continuously adapt their compliance strategies to address emerging challenges. Organizations must engage in due diligence when selecting technological tools. Whenever contracting with service providers that receive PHI, these providers are Business Associates, and HIPAA provides specific rules about contracting with Business Associates.
Covered Entities and Business Associates train all employees who handle PHI on the relevant HIPAA obligations. Please reach out to us if you need HIPAA training.
Since its founding by Professor Daniel J. Solove in 2010, TeachPrivacy has provided training for hundreds of organizations, boutique to Fortune 500, both nationwide and globally. A leading international expert in privacy law, Solove is a law professor at George Washington University Law School, has authored more than 10 books and more than 50 articles, as well as given lectures around the world. His LinkedIn blog has more than 1 million followers. Click here for more information about Professor Solove.