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HIPAA protects sensitive billing information from unauthorized access and disclosure. This means that healthcare providers and payers are held to strict standards when handling your financial data.
Under HIPAA, billing information is considered protected health information (PHI), which includes any data related to your medical care or payment for services. This includes not just your account numbers and payment history, but also any information about your medical procedures, diagnoses, or treatments.
As a result, healthcare providers and payers must implement robust security measures to safeguard your billing information. This includes encrypting data, limiting access to authorized personnel, and regularly monitoring for potential security breaches.
HIPAA also requires that healthcare providers and payers notify you in the event of a security breach, so you can take steps to protect your identity and financial information.
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What Falls Under the Rule?
Protected health information (PHI) is a broad term that encompasses various types of data. PHI includes individually identifiable health information of a patient, which refers to a patient's mental or physical condition or health.
Past, present, and future provisioning of healthcare to a patient is also considered PHI. This includes information on the past, present, and future billing information for healthcare provisioning.
To be classified as PHI, payment-related information must be tied to an individual identifier. For example, a medical bill with a patient's address can be tied back to a specific individual. These identifiers can sometimes be quite indirect.
There are 18 types of identifiers for an individual, including name, address, date of birth, social security number, and medical record number. Any of these identifiers combined with information on healthcare payments would constitute PHI.
Here are the 18 identifiers for an individual:
- Name
- Address (all geographic subdivisions smaller than a state, including street address, city, county, zip code)
- All elements (except years) of dates related to an individual (including birth date, admission date, discharge date, date of death, and exact age if over 89)
- Telephone number
- Fax number
- Email address
- Social Security number
- Medical record number
- Health plan beneficiary number
- Account number
- Certificate/license number
- Any vehicle or other device serial number
- Device identifiers or serial numbers
- Web URL
- Internet Protocol (IP) address numbers
- Finger or voiceprints
- Photographic images
- Any other characteristic that could uniquely identify the individual
Payment and billing information becomes PHI when it is likely to link to a person/individual by any one of the known 18 identifiers. This includes information on insurance payments, carriers, payments, billing statements, receipts, credit card numbers, bank accounts, and other financial information.
The Privacy Rule
The Privacy Rule is a crucial aspect of HIPAA that ensures patients' protected health information (PHI) remains confidential. This rule creates parameters and terms for sharing or using PHI without proper approvals from all stakeholders, mainly the patients.
Under the Privacy Rule, patients have the right to request restrictions on disclosure of their health information. For example, California's Confidentiality of Health Information Act (CHIA) of 2013 allows minors and adults to request "confidential communications" when seeking sensitive services.
Patients can also request that communications be redirected and sent to them, not to the policyholder. This is explicitly allowed in a 2015 Oregon law that defines insurance communications broadly.
The Privacy Rule also requires insurers to restrict disclosure of health information about patients if they state in writing that disclosure could jeopardize their safety. This is an example of a strategy that allows restrictions on disclosure, as seen in a Washington State regulation.
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Here are some strategies that states have employed to increase confidentiality protections:
- California's Confidentiality of Health Information Act (CHIA) of 2013
- Oregon's 2015 law that defines insurance communications broadly
- Washington State regulation that restricts disclosure of health information about patients
- Colorado's regulation that requires insurers to "take reasonable steps" to protect the information of adult dependents
Business Compliance
Business compliance is crucial when it comes to protecting billing information under HIPAA. You need to have a proper business associate agreement in place if you're outsourcing IT services.
Contractors or non-workforce members who require access to PHI must have a contract that outlines their responsibilities for protecting sensitive data. This includes billing information.
Every employee should receive training on how to handle PHI to avoid medical billing HIPAA violations. They should be empowered to stop a breach if they see one.
Additional reading: Business Protection Insurance
Business Associates
Business associates are contractors or non-workforce members who require access to Protected Health Information (PHI). They may include IT vendors or other service providers.
If you're a healthcare organization outsourcing IT services, you'll need a business associate agreement. This agreement is between the contractor or vendor and your healthcare practice, allowing them access to sensitive data like billing information protected under HIPAA.
Business associate agreements are essential for compliance with HIPAA regulations. They ensure that contractors and vendors handle PHI securely and maintain confidentiality.
Business Compliance
Business compliance is crucial to avoid costly medical billing HIPAA violations.
Having a business associate agreement in place is essential when outsourcing IT services, as it allows contractors access to sensitive data like billing information protected under HIPAA.
Every employee needs to receive proper training on handling Protected Health Information (PHI) to avoid potential breaches.
If an employee witnesses a breach or a potential breach, they should be empowered to stop it, just like at Nordis.
State and Federal Protections
Several states have enacted laws to increase confidentiality protections for individuals, particularly in the commercial health insurance sector. California's Confidentiality of Health Information Act (CHIA) of 2013 clarifies and requires implementing HIPAA standards.
California's CHIA allows minors and adults to request "confidential communications" when seeking sensitive services or believing they would be endangered. Insurers must honor these requests, even without an explanation.
A 2015 Oregon law defines insurance communications broadly and allows enrollees to request that communications be redirected and sent to them, not to the policyholder. Insurance carriers must honor such requests.
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Other states have employed different strategies, such as excluding information about sensitive services from EOBs or not sending EOBs when there is no balance due. New York State law allows not sending EOBs when there is no residual financial liability.
Washington State has a regulation that requires insurers to restrict disclosure of health information about patients if they state in writing that disclosure could jeopardize their safety. Washington also requires insurers to restrict disclosures about sensitive services regardless of whether the patient claims endangerment.
Colorado's regulation requires insurers to take reasonable steps to protect the information of adult dependents and ensure that communications between the insurance company and the adult dependent remain confidential and private.
Protected health information under HIPAA includes three classes of data: an individual's past, present, or future physical or mental health or condition; the past, present, or future provisioning of health care to an individual; and the past, present, or future payment-related information for the provisioning of health care to an individual.
Here are 18 types of identifiers that can be used to tie payment-related information to an individual:
- Name
- Address (all geographic subdivisions smaller than a state)
- Elements of dates (except years) related to an individual
- Telephone number
- Fax number
- Email address
- Social Security number
- Medical record number
- Health plan beneficiary number
- Account number
- Certificate/license number
- Vehicle or device serial number
- Device identifiers or serial numbers
- Web URL
- Internet Protocol (IP) address numbers
- Finger or voiceprints
- Photographic images
- Any other characteristic that could uniquely identify the individual
Collections and Violations
HIPAA violations involving medical billing and other financial communications happen every day.
Patient financial correspondence is absolutely protected health information (PHI) under HIPAA because it contains health information linked to individual identifiers.
Inadvertently disclosing treatment dates and balances due in patient bills sent to unverified addresses is a HIPAA violation.
Every precaution should be made to keep these communications safe, yet healthcare data breaches, both deliberate and accidental, are skyrocketing ‒ along with penalties for violations.
Medical collections under HIPAA can be a serious issue, and it's essential to take steps to avoid violations.
Yes, billing information is protected under HIPAA, and it's crucial to keep this in mind when handling patient financial information.
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Training and Certification
Nordis employees receive PHI training, empowering them to stop potential breaches. This training is crucial in avoiding medical billing HIPAA violations.
Medical billing professionals must understand their obligations under HIPAA to protect patient rights. These rights include the right to access PHI, the right to amend PHI, the right to request restrictions on the use and disclosure of PHI, the right to receive a notice of privacy practices, and the right to file a complaint.
By following HIPAA regulations, medical billing professionals can ensure PHI is protected. This includes only accessing PHI when necessary, not disclosing PHI without patient authorization, securing PHI when not in use, and educating staff about HIPAA requirements.
AI Training and Certification
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AI Training and Certification is a must for medical billing professionals. This training helps them understand their obligations under HIPAA, the federal law that protects patient health information.
Medical billing professionals play a critical role in the healthcare system, and it's essential for them to know their responsibilities under HIPAA. By understanding patient rights, they can help protect PHI and ensure patients are treated with respect.
Some key patient rights under HIPAA include the right to access PHI, amend PHI, request restrictions on the use and disclosure of PHI, receive a notice of privacy practices, and file a complaint. Medical billing professionals should be aware of these rights and take steps to protect PHI at all times.
To ensure HIPAA compliance, medical billing professionals should only access PHI when necessary, secure PHI when it's not in use, and educate their staff about HIPAA requirements and patient rights.
A different take: Use Is Defined under Hipaa
PHI Training to Avoid Violations
Every employee at Nordis receives PHI training, which empowers them to stop any breaches or potential breaches they may see.
Medical billing professionals play a critical role in the healthcare system, and it's essential for them to understand their obligations under HIPAA. By understanding patient rights under HIPAA, medical billing professionals can help protect PHI and ensure patients are treated with respect.
Patients have the right to access their PHI, including medical records, billing records, and lab reports. They can also request amendments to their PHI if it's incorrect or incomplete.
Covered entities are not required to agree to all requests for restrictions on the use and disclosure of PHI, but they must comply with any restrictions they agree to. Patients also have the right to receive a notice of privacy practices from covered entities.
Medical billing professionals should only access PHI when necessary to perform their job duties. They should not disclose PHI to anyone without the patient's authorization, unless otherwise permitted by law.
Securing PHI when it's not in use is crucial, including locking file cabinets, shredding discarded PHI, and password-protecting electronic records. Educating staff about HIPAA requirements and patient rights is also vital.
By following these tips, medical billing professionals can help ensure PHI is protected and patients are treated with respect.
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Frequently Asked Questions
Are billing companies covered entities under HIPAA?
Billing companies are considered business associates of HIPAA covered entities, requiring them to comply with HIPAA regulations to protect patient data. This means billing companies must implement safeguards to secure and protect sensitive patient information.
Sources
- https://journalofethics.ama-assn.org/article/privacy-protection-billing-and-health-insurance-communications/2016-03
- https://prgmd.com/is-billing-information-protected-under-hipaa/
- https://luxsci.com/blog/is-electronic-medical-billing-information-hipaa.html
- https://www.nordistechnologies.com/blog/keeping-medical-billing-and-payments-private-and-secure/
- https://www.linkedin.com/pulse/patient-rights-under-hipaa-what-every
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