HIPAA Government Shutdown

How to Stay HIPAA Compliant When Patients Request Their Medical Records

October 27, 2025 Penelope Schweitzer No comments yet

October 27, 2025 Imagine a scenario that’s played out at your practice a million times: a patient calls and asks for a copy of their medical records. Simple, right? Believe it or not, what seems like a routine request can quickly become a compliance risk if your employees misunderstand timelines, allowable fees, or who’s allowed to access certain information. With over 50 penalties and millions of dollars in fees issued by the Office for Civil Rights due to Right of Access violations, your practice has a responsibility to understand its role when handling patient requests. By acknowledging your practice’s duties and properly training your staff, you can empower your team to deliver documents in a timely manner that still protects sensitive data. Right of Access 101 Right of Access, established in the HIPAA Privacy Rule, gives patients the right to receive their records within 30 days of the initial request. Depending on the state, the number of days your practice has to fulfill requests may even be less. For example, California legislation requires that patient requests be upheld within 15 days. This timeline is strict and can only be extended once for an additional 30 days. So, once you receive a request, it’s go time. Before the staff gathers anything, the first question is, how should these records be sent out? Even if the request comes through a secure portal, your staff must encrypt any Protected Health Information (PHI) sent electronically. Certified mail is recommended for safe and trackable delivery if the patient requests a physical copy. Now, what can you charge to deliver these records? Patients have a right to their health records, and any associated costs must be minimal to remain HIPAA compliant. According to the OCR, a flat fee of $6.50 for all requests for copies of PHI maintained electronically. Additionally, ensure that thorough documentation, like a current HIPAA consent form, is in place if the requester is not the patient themselves. Keeping Your Practice Compliant So, think back to the scenario we mentioned earlier. Only now, you don’t have to stress! Your team is trained and aware of their responsibility to fulfill patients’ requests. Your patients get what they want, and even better, your practice avoids thousands of dollars in fines and reputational damage. Quickly and compliantly addressing patient requests promotes patient satisfaction and can help your practice avoid thousands of dollars in fines and reputational damage. The proper software solution centralizes all documentation, policies, forms, and training related to Right of Access. This cloud-based hub provides easy access for everyone in your practice, giving staff the tools they need to be successful. To learn more about Right of Access in your practice, meet with a compliance expert today.

Abyde News, HIPAA

Top 5 HIPAA Myths That Put Your Practice at Risk

October 21, 2025 Penelope Schweitzer No comments yet

October 21, 2025 Running a healthcare practice means juggling patient care, staff, and countless responsibilities. Somewhere in the mix, HIPAA can feel like one more thing on the never-ending list. Understandably, compliance might not always top your priorities. But that’s precisely where many practices get caught off guard. Misunderstanding what HIPAA truly requires can lead to costly mistakes. Even the most well-intentioned practices can fall for common HIPAA misconceptions that put them at risk. It’s time to debunk myths and get your practice back on track. Myth 1: HIPAA only applies to large hospitals We hate to break it to you, but if your practice handles Protected Health Information (PHI), you must follow HIPAA. It doesn’t matter if your practice has five employees or 5,000; it’s held to the same standards. HIPAA investigators can and will continue to investigate small practices. In fact, one of the most recent fines was a single facility healthcare provider for $250,000 after a ransomware attack exposed several HIPAA violations. Smaller practices often don’t have the same IT departments, legal teams, or budgets as large hospitals, which makes HIPAA violations even more damaging. A fine or breach can strain finances, disrupt daily operations, and erode patient trust, which took years to build. Myth 2: We do HIPAA training – we’re good! Full HIPAA compliance is much more than training. Thorough HIPAA training is necessary, but ensuring staff are educated on their responsibilities is only scratching the surface of a compliant practice. One of the most commonly missed HIPAA requirements is the Security Risk Analysis (SRA). The SRA is a thorough review of all physical, administrative, and technical safeguards your practice currently has in place. Does your practice have an alarm? If so, does every staff member have individual codes to disarm it? Does your practice deploy antivirus software? Does your staff ensure patients are unable to see computers with PHI? These are all example questions of what the SRA assesses. The SRA is a required document that is strongly recommended to be completed annually. Proposed legislation would require this document yearly for all regulated entities, and Business Associates would have to submit their documentation and be certified by a cybersecurity expert. Unfortunately, only 14% of practices could produce a compliant SRA during the last round of HIPAA audits, making this a commonly missed requirement. The Office for Civil Rights (OCR) is investing more resources to ensure all regulated entities know this document is essential. The OCR has introduced a Risk Analysis Initiative, fining and highlighting practices as an example of missing the SRA. While the SRA is one of the largest requirements for HIPAA, all of its requirements come together like a puzzle. The SRA, training, proper technical safeguards, Business Associate Agreements, documentation, and more all ensure that a practice upholds HIPAA legislation. Myth 3: My IT company handles HIPAA for me If only it were that easy. While having an IT company is encouraged to ensure that your technical safeguards are in place to protect PHI, that doesn’t necessarily mean they handle all your HIPAA requirements. For example, while your IT company can equip your email systems with compliant email encryption, it cannot prevent a breach if a staff member accidentally emails PHI to the wrong patient. If you are investigated because of this, although your IT team can provide technical knowledge, the OCR will request more information about training, documentation, and other areas not within your IT team’s expertise. The human factor is often the weakest link in data protection. Even the best encryption can’t prevent an employee from falling for a phishing scam or leaving a chart open on their desk. That’s why consistent staff training and clear procedures are as essential as your technical defenses. While your IT company can assist with the technical side of HIPAA, it’s strongly recommended that you utilize a compliance platform for training, documentation, your SRA, and more to address the other requirements. Relying solely on your IT provider can leave your practice vulnerable. HIPAA requires comprehensive compliance, secure technology, thorough documentation, SRAs, training, and ongoing monitoring. Myth 4: If a patient posts their own info online, I can comment Even if your patient posts a glowing review of how wonderful their experience was with your practice, you cannot comment on a personal response. By commenting on an individual response, you are confirming that this reviewer was a patient at your practice, a big HIPAA no-no. When answering any review, keep it brief and generic. For instance, “Thank you for your kind words. If you have any questions or further feedback, contact 123-456-7891.” is a compliant response. If you’d like to use a patient’s experience in marketing material, communicate with them through a secure channel and provide a media consent form. If you receive a negative response, take the reviewer offline and provide a secure communication channel, like a phone number or encrypted email. You should never get upset while responding online. Practices have been fined for inappropriate responses, such as leaking PHI to prove a point. Myth 5: A data breach automatically means a fine You can take a deep breath, because not every data breach turns into a hefty fine. Even with strong safeguards, no healthcare practice is entirely immune to risk. With ransomware attacks on the rise, cybercriminals are constantly evolving their tactics to exploit the sensitivity of patient data. It’s important to remember that HIPAA fines stem from missing or insufficient compliance measures, not the breach itself. That’s why proactive compliance is so critical. When your practice maintains proper safeguards and documentation, you significantly reduce your practice’s risks. During an investigation, the OCR will ask for documentation or proof that your practice protected patient data before the situation, how your practice handled the breach, and what your practice currently has in place following the incident. If your documentation is compliant, proving your practice takes the proper precautions and promotes a culture of compliance, the OCR can close the investigation, meaning no fine. What HIPAA Really Means

Abyde News, Best Practices, HIPAA

HIPAA Compliance Officers: Building a Culture of Patient Privacy

October 8, 2025 Penelope Schweitzer No comments yet

October 8, 2025 What happens when a patient calls with a complaint about their medical records? Or when a Business Associate requests access to your data? If you’re unsure, it’s time to meet with your practice’s HIPAA Compliance Officer (HCO). HIPAA requires hiring a compliance officer (HCO), which is key to building a foundation of HIPAA compliance for your practice. More than just a box to check, having an HCO provides structure and clarity for your practice, ensuring that all the proper safeguards are in place to secure patient data. While the HCO title might seem like a simple administrative label, the duties are anything but. This vital oversight ensures that everyone knows their HIPAA responsibilities and that patients’ Protected Health Information (PHI) is kept under lock and key. Behind the Badge: Responsibilities of an HCO An HCO wears many hats when it comes to compliance. From safeguarding PHI to managing vendors, these responsibilities form the backbone of a practice’s HIPAA program. First, the HCO needs to complete a Security Risk Analysis (SRA) for the practice. The SRA is a thorough document detailing all physical, technical, and administrative safeguards to keep PHI safe. The HCO should update it annually, and new legislation has been proposed to define this as a yearly requirement strictly. An SRA can be completed by hiring a third-party consultant, leveraging smart software, or even manually entering the information. HCOs should consider time investment, accuracy, and cost before choosing an approach. The HCO must ensure that every staff member is adequately trained and aware of their responsibilities before interacting with PHI. This includes showing new staff where compliance documents (policies, procedures, forms, etc.) are and equipping staff with thorough training to handle any situation with PHI. Additionally, the HCO must ensure all training and documentation are current and in line with the latest legislation. HCOs must also ensure that any relationship with a vendor is handled correctly and there’s documentation to prove it. The vendors, or Business Associates (BAs), that work alongside healthcare providers and have access to PHI must also be HIPAA compliant. One of the most important documents when working with a BA is the Business Associate Agreement (BAA). This required agreement holds both parties liable and defines their responsibilities. Both BAs and Covered Entities must sign this document before working together. The Office for Civil Rights (OCR) can and has fined practices for missing a BAA after a breach. This is only a brief overview of the many responsibilities HCOs take on. A good HCO establishes a culture of compliance, ensuring that protecting patient information becomes second nature for the entire practice. Streamlining HCO Responsibilities At the end of the day, the HCO is the practice’s go-to authority for HIPAA. From handling patient complaints to addressing staff concerns and representing the practice during an investigation, the HCO is the person everyone turns to. While taking on this role might be overwhelming, intelligent solutions can streamline and assist HCOs to ensure they’re always on top of compliance. You can proactively identify gaps and take control by leveraging the right compliance tools. These tools automate and streamline compliance, allowing HCOs to spend less time buried in paperwork and more time guiding their teams. Meet with a compliance expert today to learn more about HIPAA compliance in your practice.

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