HIPAA Compliance in Telehealth: Ensuring Patient Privacy and Security

HIPAA Compliance in Telehealth: Ensuring Patient Privacy and Security

Health Tech Med Tech

Telehealth provides convenience and access to healthcare services, but it also brings challenges in protecting patient privacy, addressed by the Health Insurance Portability and Accountability Act (HIPAA). In 2023, the average cost of a healthcare data breach reached almost $11 million. This makes maintaining HIPAA compliance in telehealth even more serious. 

In this article, we’ll explore the key aspects of HIPAA compliance in telehealth to ensure patient privacy and security, including practical guidance for healthcare providers and organizations.

Contents

HIPAA in the Context of Telehealth

Definition of HIPAA and its relevance to telehealth

HIPAA, enacted in 1996, is a federal law that sets standards for protecting sensitive patient health information. It applies to healthcare providers, health plans, and healthcare clearinghouses, collectively known as “covered entities.” With the rise of telehealth, HIPAA’s relevance has expanded to include virtual healthcare services.

Note that HIPAA hasn’t had major updates in over 20 years. It was created before digital tools, when health records were mostly on paper, so there are gaps between current technology and privacy laws (Theodos & Sittig, 2021).

HIPAA rules that apply to virtual healthcare services

Two main HIPAA rules are particularly relevant to telehealth:

  1. The Privacy Rule: This rule establishes national standards for the protection of individuals’ medical records and other personal health information (PHI). PHI includes specific information about patients, such as their:
    • Name, phone number, and social security number (SSN)

    • Physical and email addresses

    • Billing information

    • Genetic information
  1. The Security Rule: This rule sets national standards for securing electronic protected health information (ePHI).

These rules require healthcare providers to implement appropriate safeguards to ensure the confidentiality, integrity, and availability of patient information during telehealth visits.

Common misconceptions about HIPAA compliance in telehealth

Let’s debunk some common myths about HIPAA and telehealth.

MythReality
Any video conferencing platform is HIPAA-compliant.Only platforms that offer specific security features and sign a Business Associate Agreement (BAA) are HIPAA-compliant.
HIPAA compliance is solely the responsibility of the technology provider.Healthcare providers are also responsible for ensuring HIPAA compliance in their telehealth practices.
HIPAA requirements are relaxed for telehealth.Some temporary flexibilities were introduced during the COVID-19 pandemic, HIPAA rules apply equally to in-person and virtual care.

Essential Components of HIPAA-Compliant Telehealth Platforms

To ensure HIPAA compliance, telehealth providers must use trusted vendors with software designed for healthcare. These vendors should have security measures in place for PHI, and be willing to sign a BAA. 

Secure video conferencing features

Female doctor on couch - by Tima Miroshnichenko
Source: Tima Miroshnichenko

An American Medical Association survey found that 85% of physicians were using video visits as part of their telehealth services, emphasizing the need for secure video conferencing solutions.

When choosing a telehealth platform, look for these security features:

  • End-to-end encryption

  • Secure waiting rooms

  • Meeting passwords

  • Host controls to manage participants

Encryption requirements for data transmission

HIPAA requires that all ePHI be encrypted during transmission. This includes:

  • Video and audio streams during telehealth visits

  • Chat messages exchanged during sessions

  • Any files or images shared during the visit

  • Secure messaging in patient portals

Encryption should use industry-standard protocols like AES-256 to ensure data security.

Access controls and user authentication measures

The access controls or permissions available to an employee should be based on their role.

The key features of robust access controls include:

  • Multi-factor authentication

  • Unique user IDs for each healthcare provider

  • Automatic log-off after periods of inactivity

  • Audit trails to track user activities

  • Biometric login (fingerprint or facial recognition) for mobile apps

Best Practices to Secure Patient Information During Virtual Doctor Visits

With the right technology in place, the next step is to implement best practices for securing patient information during telehealth sessions.

Find a private environment for telehealth visits

Healthcare providers should:

  • Use a private, quiet space for visits.

  • Ensure that screens are not visible to others.

  • Use headphones to prevent others from overhearing conversations.

Patients should also be advised to find a private location for their virtual visits.

Proper documentation and storage of telehealth records

A 2020 study found that 97% of healthcare organizations were using EHRs, underscoring the importance of secure electronic record-keeping (Holmgren et al., 2020).

Telehealth records should be treated with the same care as in-person visit records:

  • Document visits thoroughly.

  • Store records securely in HIPAA-compliant electronic health record (EHR) systems.

  • Implement backup and disaster recovery plans for telehealth data.

EHRs with integrated telehealth programs certified by the Federal Health IT Governance are HIPAA-compliant.

Training staff on HIPAA compliance in virtual settings

Regular training is essential to maintain HIPAA compliance:

Even with robust security measures, patients also share some responsibility for staying informed about their health needs.

Doctor on mobile app

Inform patients about telehealth privacy measures

Transparency builds trust. Inform patients about:

Obtain and document patient consent:

  • Use clear, easy-to-understand language in consent forms.

  • Explain how telehealth differs from in-person visits.

  • Allow patients to ask questions before giving consent.

Explain how patients can maintain privacy

Woman in wheelchair talking to someone on laptop

Health apps and wearables can help people make better health choices, but they also create privacy issues as it stands today. If the tool isn’t part of a healthcare system, it doesn’t have to follow HIPAA guidelines.

Most of these tools aren’t covered by HIPAA privacy rules, and store health data in the cloud, which leaves a big gap in privacy protection. Users often don’t know or can’t control how their health data is stored, accessed, or used (Theodos & Sittig, 2021). 

Patients play a crucial role in maintaining their own privacy. Some steps to safeguard their information include:

  • Advise patients to use secure, private internet connections.

  • Encourage the use of password-protected devices.

  • Teach patients how to secure their end of the telehealth connection.

While providers and patients each have responsibilities with HIPAA, ongoing risk assessment and management are crucial for maintaining HIPAA compliance in telehealth.

Risk Assessment and Management in Telehealth

A 2022 Office for Civil Rights (OCR) report revealed that 77% of HIPAA violations were due to hacking incidents, highlighting the need for ongoing vigilance and updates.

Identify potential vulnerabilities in telehealth systems

Regular risk assessments help identify potential vulnerabilities:

  • Conduct annual security risk analyses.

  • Assess both technical and non-technical vulnerabilities (including audio-only telehealth visits).

  • Consider risks specific to telehealth, such as unsecured patient devices or networks.

Be sure to include mobile device use in your risk assessment.

Develop a comprehensive risk management plan

Based on the risk assessment, develop a plan that includes:

  • Prioritized list of identified risks

  • Strategies to mitigate each risk

  • Timeline for implementing security measures

  • Assigned responsibilities for each action item

Regular audits and updates to ensure ongoing compliance

Compliance is an ongoing process:

  • Conduct regular internal audits of telehealth practices.

  • Stay updated on changing HIPAA regulations.

  • Regularly update security measures and policies.

Addressing HIPAA Violations in Telehealth

Despite best efforts, HIPAA violations can occur. Let’s examine how to address these issues in telehealth settings.

Common HIPAA breaches in virtual healthcare settings

Be aware of these common telehealth HIPAA violations:

  • Using non-secure video conferencing platforms

  • Failure to get proper patient consent

  • Inadequate security measures on provider or patient devices

  • Improper storage or transmission of patient data

Steps to take in case of a data breach

If a breach occurs:

  1. Contain the breach to prevent further unauthorized access.

  2. Assess the extent and impact of the breach.

  3. Notify affected individuals within 60 days of discovery.

  4. Report the breach to the OCR as required by law.

  5. Implement corrective actions to prevent future breaches.

Penalties and consequences of non-compliance

HIPAA violations can result in severe penalties:

  • Fines ranging from $100 to $50,000 per violation

  • Maximum annual penalty of $1.5 million for repeated violations

  • Potential criminal charges for willful neglect

In 2022, the OCR imposed over $6.3 million in HIPAA penalties.

Conclusion 

HIPAA compliance in telehealth requires a comprehensive approach that addresses technology, processes, and people. HIPAA compliance is not just about avoiding penalties—it’s about building trust with your patients and providing high-quality care digitally. 

By implementing robust security measures, educating staff and patients, and staying vigilant about potential risks, healthcare providers can leverage the power of telehealth while safeguarding patient privacy. 

References

Alder, S. (2023). HIPAA Guidelines on Telemedicine. The HIPAA Journal. Retrieved from https://www.hipaajournal.com/hipaa-guidelines-on-telemedicine/

American Medical Association. 2021 Telehealth Survey Report. Chicago, IL: American Medical Association; 2021. Retrieved from https://www.ama-assn.org/system/files/telehealth-survey-report.pdf

Anguilm, C. (2022). How to Ensure Your Telehealth System is HIPAA Compliant. Medical Advantage. Retrieved from https://www.medicaladvantage.com/blog/ensure-your-telehealth-system-is-hippa-compliant/

Edemekong, P. F., Annamaraju, P., Haydel, M. J. (2024). Health Insurance Portability and Accountability Act. StatPearls. Treasure Island (FL): StatPearls Publishing. 

Godard, R. (2022). HIPAA Compliance & Cell Phones: Staying Compliant While Staying Connected. I.S. Partners. Retrieved from https://www.ispartnersllc.com/blog/hipaa-compliance-cell-phones/

Guidance on How the HIPAA Rules Permit Covered Health Care Providers and Health Plans to Use Remote Communication Technologies for Audio-Only Telehealth. (n.d.). U. S. Department of Health and Human Services (HHS). Retrieved from https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/hipaa-audio-telehealth/index.html

HIPAA Rules for telehealth technology. (2023). Health Resources & Services Administration (HRSA). Retrieved from https://telehealth.hhs.gov/providers/telehealth-policy/hipaa-for-telehealth-technology

Holmgren, A. J., Apathy, N. C., Adler-Milstein, J. (2020). Barriers to Hospital Electronic Public Health Reporting and Implications for the COVID-19 Pandemic. Journal of the American Medical Informatics Association; 27(8):1306-1309.

How to Make Your Telemedicine App HIPAA-Compliant. (n.d.). ScienceSoft. Retrieved from https://www.scnsoft.com/healthcare/telemedicine/hipaa-compliance

IBM Report: Half of Breached Organizations Unwilling to Increase Security Spend Despite Soaring Breach Costs. (2023). IBM. Retrieved from https://newsroom.ibm.com/2023-07-24-IBM-Report-Half-of-Breached-Organizations-Unwilling-to-Increase-Security-Spend-Despite-Soaring-Breach-Costs

Levitt, D. (2023). How does HIPAA apply to telehealth? Paubox. Retrieved from https://www.paubox.com/blog/how-does-hipaa-apply-to-telehealth/

Mohan, V. (2024). HIPAA Guidelines for Telehealth Companies. Sprinto. Retrieved from https://sprinto.com/blog/hipaa-compliance-for-telehealth/

Resource for Health Care Providers on Educating Patients about Privacy and Security Risks to Protected Health Information when Using Remote Communication Technologies for Telehealth. (n.d.). U. S. Department of Health and Human Services (HHS). Retrieved from https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/resource-health-care-providers-educating-patients/index.html

Telehealth and HIPAA: HIPAA Compliant Teleconferencing Tools. (n.d.). Compliancy Group. Retrieved from https://compliancy-group.com/telehealth-and-hipaa-hipaa-compliant-teleconferencing-tools/

Theodos, K., & Sittig, S. (2021). Health Information Privacy Laws in the Digital Age: HIPAA Doesn’t Apply. Perspectives in Health Information Management; 18(Winter). 

U.S. Department of Health and Human Services, Office for Civil Rights. 2022 HIPAA Compliance Report. Washington, DC: HHS; 2022. Retrieved from https://www.hhs.gov/hipaa/for-professionals/breach-notification/reports-congress/index.html

U.S. Department of Health and Human Services, Office for Civil Rights. Annual Report to Congress on HIPAA Privacy, Security, and Breach Notification Rule Compliance. Washington, DC: HHS; 2023. Retrieved from https://www.hhs.gov/hipaa/for-professionals/compliance-enforcement/reports-congress/index.html

Streamlined Medical Practice with Ambient Clinical Intelligence

Streamlined Medical Practice with Ambient Clinical Intelligence

AI Health Tech Med Tech

Since the onset of the pandemic, more healthcare workers and clinicians have experienced burnout, leading to dissatisfaction among both patients and clinicians. Overworked clinicians often make errors in their documentation, and their lack of time and stressed demeanor can erode the trust between physicians and patients. Dissatisfied and neglected patients are less likely to engage with their care, adhere to care plans, and follow preventive healthcare advice, increasing the likelihood of adverse outcomes (DeepScribe, 2023).

In Medscape’s 2021 physician survey, 42% of physicians reported feeling burned out, citing “too many bureaucratic tasks” and “spending too many hours at work” as the main causes. Providers often spend hours documenting patient care, and the administrative burden often stretches into their own time. The Association of American Medical Colleges projects a shortfall of nearly 122,000 physicians in the US by 2032 (Harper, 2022).

Ambient Clinical Intelligence (ACI) is a technology that can help alleviate the burden of medical documentation for clinicians, among many other benefits we’ll explore in this article. But first, let’s get a better understanding of ACI.

Contents

What is Ambient Clinical Intelligence?

Robot sitting in a patient room

ACI brings together several technologies that work together to improve healthcare:

  • Ambient intelligence
  • Artificial intelligence (AI)
  • Data analytics
  • Internet of Things (IoT)
  • Natural Language Processing (NLP)

ACI in healthcare includes IoT-based tools such as temperature and humidity sensors, blood pressure monitors, and other devices that autonomously collect data and continuously update doctors on the vital statistics of critical patients (Joshi, 2022).

“Imagine a hospital where every room, every corridor, every piece of equipment is interconnected, constantly gathering data, analyzing it, and providing insights,” says Jon Morgan, CEO and Editor-in-Chief of VentureSmarter. “It means doctors and nurses have access to a wealth of information right at their fingertips, allowing for quicker and more accurate diagnoses. This can significantly improve patient outcomes because decisions are based on a comprehensive analysis of real-time data rather than just a snapshot in time.” 

Let’s explore how ACI can make healthcare tasks more efficient in both healthcare settings and patients’ homes. 

infographic with statistics on different ACI use cases and RPM

ACI Use Cases for Clinical Spaces

ACI can improve the quality of health services by making many processes more efficient, such as:

  • Transcribing medical notes
  • Creating reports
  • Patient monitoring

This section describes some of ACI’s biggest benefits in healthcare settings.

Clinical documentation during patient care

Doctors looking at paperwork together

ACI technology can help alleviate the burden of medical documentation for clinicians, allowing them to give their full attention to patients during visits while ACI creates accurate clinical notes directly in the electronic health record (EHR) for review (Augnito, 2023). (This a concept included in the fancier term, “AI-powered medical documentation automation.”) ACI can also spot indicators of depression, anxiety, and social determinants of health (SDoH) during patient-physician conversations (Harper, 2022).

In one study, a deep learning (DL) model trained on 14,000 hours of outpatient audio from 90,000 conversations between patients and physicians. The transcription accuracy of the DL version was 80%, compared to 76% accuracy by medical scribes (Haque et al., 2020). 

In another example, a medical provider found that microphones attached to eyeglasses reduced documentation time from 2 hours to just 15 minutes. This huge time savings doubled the time spent with patients (Haque et al., 2020).

By automating routine tasks and documentation, ACI allows healthcare providers to spend more time focusing on direct patient care, leading to patient satisfaction.

Patient satisfaction

A nurse speaking to patient

The automation of ACI can help strengthen the patient-physician relationship and increase patient satisfaction, engagement, and retention. 

“Using systems that can automatically monitor patients’ vital signs, track medication administration, and even predict potential complications,” Morgan says.  “Healthcare professionals can focus more on direct patient care rather than spending time on administrative tasks. This improves the overall quality of care while also reducing the burden on healthcare workers in today’s overstretched healthcare systems.”

Tests and reports

With ACI tools, hospitals can conduct tests on patients and monitor them autonomously with wireless sensors and wearable devices

For example, an ambient intelligence sensor monitors a patient’s health by dynamically tracking their vitals. First, it collects and assesses vitals, body fat, blood sugar, cholesterol levels, and other details. Then it can create a report listing potential illnesses and recommendations on diagnoses, medical coding, diet, medications, and lifestyle (Joshi, 2022).

By enhancing data interoperability, ACI eliminates the need for redundant paperwork and testing. ACI can streamline care coordination by compiling data from various sources into consolidated dashboards, providing clinicians with a holistic view of each patient. Reviewing these dashboards can help them better understand their patients’ clinical history, medications, test results, and more (Augnito, 2023). 

Tracking infectious disease

IoT, thermal vision cameras, and AI can check infected zones, such as surfaces where infectious viruses are found, and ensure they are cleaned and decontaminated. Thermal vision cameras are also useful for monitoring crowded areas and tracking individuals who may carry a contagious disease (Joshi, 2022).

Surgical training

In the operating room (OR), ambient cameras can be used for endoscopic videos to improve surgical training. Ambient intelligence can also account for surgical objects in the OR, including those that could be left inside a patient during a procedure, to mitigate staff errors (Haque et al., 2020).

Continuous patient monitoring in the ICU

In one study, ambient sensors in hospital intensive care units (ICUs) monitored the movements of patients, clinicians, and visitors with over 85% accuracy.

In another study, sensors installed above hand sanitizer dispensers across a hospital unit were 75% accurate in measuring handwashing compliance within one hour, while a human observer was only 63% accurate (Haque et al., 2020).

Patient in ICU with monitor in foreground

Observing patients post-surgery

Ambient intelligence in recovery rooms post-op can continuously observe recovery-related behaviors, giving providers insight into movement and other activities. This can reduce recovery time and improve post-surgical outcomes (Joshi, 2022).

While ACI offers numerous benefits in clinical spaces, its potential extends beyond hospital walls.

ACI for Aging in Place: Enhancing Independent Living

By 2050, the world’s population aged 65 years or older will increase from 700 million to 1.5 billion (Haque et al., 2020). As people live longer, their independent living, chronic disease management, physical rehabilitation, and mental health become paramount. 

Promoting autonomy for patients with remote patient monitoring (RPM)

Activities of daily living (ADLs), such as bathing, dressing, and eating, are critical to the well-being and independence of aging adults. Aging and elderly patients living at home are at an increased risk for falls, accidents, and emergencies. Impairment in performing ADLs is associated with a twofold increased risk of falling, and up to a fivefold increase in the one-year mortality rate (Haque et al., 2020).

RPM through ACI can analyze their daily activities to detect significant changes that may need a closer look. It can also help identify changes in vital signs, movement patterns, sleep rhythms, behaviors, and emerging symptoms that may signal a decline in a patient’s quality of life. Ambient-assisted living using the ACI-RPM combo can also monitor patients for early signs of dementia and Alzheimer’s. 

“The constant monitoring and analysis of patient data in real-time can help in early detection of health issues,” says Collen Clark, Medical Malpractice Lawyer and Founder of Schmidt & Clark LLP. “This allows for quicker interventions and personalized treatment plans, while reducing the risk of medical errors, which can have legal implications related to negligence or malpractice.” 

Any concerning findings from RPM automatically trigger alerts to healthcare providers, allowing them to intervene early with quick, proactive outreach to patients in need. This can prevent avoidable ER visits, hospitalizations, and health emergencies (Augnito, 2023).

Wearable sensors for monitoring and fall detection in seniors

Two doctors chatting in a hallway

Wearable devices such as accelerometers or electrocardiogram sensors can track not only ADLs but also heart rate, glucose level, and respiration rate. They can even remind patients to take their medications (Haque et al., 2020), and detect falls.

As wearable devices and IoT ecosystems in healthcare continue to expand, integrating them with ACI systems can provide continuous personalized monitoring and truly ambient intelligent care. 

Patients can get proactive alerts about potential health issues before they become critical, and get customized recommendations. Streamlining the flow of data from personal sources like fitness trackers to electronic health records via ACI can massively enrich patient profiles for highly tailored care (Augnito, 2023).

Ambient sensors

In one study, researchers installed a depth and thermal sensor inside the bedroom of an older individual and observed 1,690 activities during one month, including 231 instances of caregiver assistance. A convolutional neural network was 86% accurate at detecting assistance. In a different study, researchers collected ten days of video from six individuals in an elderly home and achieved similar results (Haque et al., 2020).

Although the data from visual sensors are promising, they raise privacy concerns in some places like bathrooms, where grooming, bathing and toileting activities occur. To counter this, researchers also explored acoustic and radar sensors. One study used microphones to detect showering and toileting activities with accuracy rates of 93% and 91%, respectively (Haque et al., 2020). 

ACI has tremendous potential. However, it’s important to consider some challenges and limitations.

ACI Caveats and Considerations 

Flatlay of small medical items

The use cases and benefits of ACI are remarkable, but as with any technology, there are still considerations to gain its maximum benefit in the larger healthcare ecosystem.

Bias

ACI systems are dependent on the quality of data used to train algorithms. If that data reflects societal biases, the AI could make flawed judgments and recommendations. There’s also the risk of over-reliance on AI diagnostics versus human expertise. Careful oversight is required to audit algorithms and ensure AI transparency in clinical decision-making (Augnito, 2023).

Data privacy and security

There is a heightened risk of unauthorized access or breaches with ACI. Patients have a right to understand how their data is used with ACI tools during consultations and treatment. Health providers should disclose this information and request patient consent, which is optional. 

“With the continuous stream of patient data being collected, stored, and analyzed by ACI systems, there’s a heightened risk of unauthorized access or breaches,” Clark says. “I would advise hospitals to invest in robust data protection measures and ensure compliance with relevant regulations such as HIPAA. It’s essential to strike a balance between leveraging the benefits of ACI and safeguarding patient privacy to avoid legal repercussions.”

Computational methods to protect privacy include (Haque et al., 2020):

  • differential privacy (adds noise to the collected data)
  • face blurring
  • dimensionality reduction (pixelated images)
  • body masking (replaces people’s images with faceless avatars)
  • federated learning (gradient updates)
  • homomorphic encryption

There is a trade-off between the level of privacy protection provided by each method and the required computational resources. 

Strict regulations around data encryption, access controls, and auditing will be necessary to prevent breaches and protect patient rights. 

Medical decision making

Clark makes a final warning about implementing ACI systems to automate note-taking and other tasks in hospitals. She says shifting responsibility from the clinician to ACI “… could lead to legal discussions around liability in cases where decisions are influenced by AI. It’s crucial for hospitals and medical professionals to establish clear protocols and guidelines, and for legal frameworks to adapt to these changing dynamics, ensuring accountability without stifling technological advancements.”

By seamlessly integrating ACI into healthcare workflows, providers can streamline operations, enable continuous monitoring of patients, and leverage data-driven insights to inform diagnostic and treatment decisions. This integration can significantly improve patient outcomes and reduce the burden on healthcare workers, and ultimately enhance the quality of care they provide.

References

Augnito. How Ambient Clinical Intelligence is Advancing Real-Time Patient Care.

DeepScribe. Ambient Clinical Intelligence—What is it and how will it transform healthcare?

Harper, K. What is ambient clinical intelligence—and how is it transforming healthcare? Nuance. June 16, 2022.

Haque A., Milstein A., & Fei-Fei L. Illuminating the dark spaces of healthcare with ambient intelligence. Nature. 2020; 585(7824):194-198. doi:10.1038/s41586-020-2669-y 

Joshi, N. The Myriad of Applications of Ambient Intelligence in Healthcare. Forbes. January 9, 2022.