What are the New HIPAA Texting Rules?
The new HIPAA texting rules have the aim of controlling who has access to patient health information, how that information is transmitted and received, and how it is consequently protected when it is stored on a portable mobile device. Because third-party service providers and business associates need access to patient health information to efficiently conduct their business, they too are included in the new HIPAA texting guidelines which should ensure the integrity of secure patient data.
The new HIPAA texting policy primarily focuses on patient privacy; but there are also other guidelines within the Final Omnibus Rule that all organizations and individuals who use, transmit or receive patient health information should know about, in the event that sensitive data stored on portable mobile devices is compromised:
Organizations and individuals with access to patient health information have to amend their own HIPAA texting policy and report when a suspected security breach is identified.
The revised texting policies should include safeguards to ensure individuals do not maintain private health information on the local storage facility of their portable mobile device.
Employees with access to patient health information should notify their supervisors before selling or disposing of their portable mobile device, or when the device is lost or stolen.
The ability should exist for organizations to remotely recall or delete any sensitive information relating to patients, employees or policyholders to comply with the new HIPAA texting rules.
Organizations now have a duty to conduct regular risk assessments to make sure they comply with the terms of the HIPAA texting rules
When patient health information has been encrypted, and any data stolen or lost is “indecipherable, unreadable, or unusable”, it is not always necessary to notify the breach.
Employers, who offer HIPAA-covered health insurance, should also inform their employees of their new rights under the revised HIPAA texting rules.