To ensure HIPAA compliance for paper records, you need to store them in a secure location that prevents unauthorized access. This includes storing records in a locked cabinet or file room with restricted access.
Paper records must be stored in a fireproof container or safe to protect against damage from fire or water. This is especially important for sensitive patient information.
Records must be stored for a minimum of 6 years from the date of the last entry, unless the record is related to a minor, in which case it must be stored for 6 years after the minor reaches the age of majority.
HIPAA Compliance
HIPAA Compliance is a must for any organization dealing with Protected Health Information (PHI). HIPAA is a US regulation that requires organizations to keep PHI secure, with fines and penalties up to $1.5 million per year for non-compliance.
The HIPAA Privacy Rule explains who is allowed to access PHI and how it should be accessed. It defines PHI as individually identifiable information relating to an individual's past, present, or future health status. This includes information such as name, birth dates, gender, ethnicity, and contact and emergency contact information.
Covered Entities, which include healthcare providers, health plans, and healthcare clearinghouses, must comply with HIPAA record retention requirements. Business associates of Covered Entities, such as IT service providers, must also comply with HIPAA regulations.
Here are the main types of Covered Entities that must comply with HIPAA record retention requirements:
Protected Health Information
Protected Health Information is a crucial aspect of HIPAA compliance. HIPAA's Privacy Rule and Security Rule are the primary regulations that address the protection of patient information. The Privacy Rule establishes standards for the use and disclosure of protected health information (PHI), while the Security Rule outlines requirements for safeguarding electronic PHI (ePHI).
Protected health information (PHI) is defined as individually identifiable information relating to the past, present, or future health status of an individual. This includes information created, collected, or transmitted, or maintained by a HIPAA-covered entity in relation to the provision of healthcare, payment for healthcare services, or use in healthcare operations.
Examples of PHI include national identification numbers, demographic information, health information, and details about the type of care received or how it was paid for. PHI is only considered PHI when an individual can be identified from the information.
Here are some examples of what is considered PHI:
- National identification numbers
- Demographic information such as name, birth dates, gender, ethnicity, and contact and emergency contact information
- Health information such as diagnoses, treatment information, medical test results, and prescription information
- Details about the type of care the patient received or how they paid for it
Remember, PHI is protected by the HIPAA Privacy Rule and Security Rule, and its misuse can have serious consequences.
Who Must Comply?
Healthcare providers are required to comply with HIPAA record retention requirements. They can be both medical doctors and hospitals.
Covered Entities are typically healthcare providers, healthcare professionals, nursing homes, insurance companies, and their employees. This includes any individual or organization that uses or comes in contact with Protected Health Information (PHI).
A Business Associate is an organization or person providing services to a covered entity, such as providing IT services or legal services. Business Associates are also responsible for HIPAA compliance.
Health plans, healthcare providers, healthcare clearinghouses, and Business Associates of HIPAA-covered entities must operate in accordance with the HIPAA medical records retention policies.
Here's a list of the types of organizations that must comply with HIPAA record retention requirements:
- Health plans
- Healthcare providers (medical doctors and hospitals)
- Healthcare clearinghouses
- Business associates of HIPAA-covered entities
Paper Records Storage
Paper records storage is a crucial aspect of maintaining HIPAA compliance. Electronic storage is not an option for all paper records, so proper storage is essential.
Paper records must be stored in a secure location, such as a locked cabinet or file room, with access limited to authorized personnel only. This ensures that sensitive patient information is protected from unauthorized access.
Paper records can be stored on-site or off-site, but off-site storage must be with a business associate that has a HIPAA-compliant contract in place. This ensures that the business associate is bound by the same HIPAA rules as the covered entity.
Paper records must be stored for a minimum of six years from the date of the record, and for ten years if the record pertains to a minor. This ensures that patient information is available for future reference and compliance purposes.
Paper records must be properly labeled and organized to ensure easy access and retrieval. This includes using clear and concise labels, and organizing records in a logical and consistent manner.
Paper records can be stored in binders or folders, but must be kept in a dry and secure location to prevent damage or loss. This ensures that the records remain legible and usable over time.
Compliant Storage Requirements
HIPAA compliant storage requirements for paper records are crucial to maintaining patient confidentiality and avoiding costly fines. The retention duration for medical records varies state-to-state, with some states requiring as little as 5 years and others up to 11 years.
To determine the specific retention period for your state, you'll need to check local regulations. For example, in Florida, physicians must store patient records for 5 years, while hospitals must keep them for 7 years.
Here's a breakdown of the retention periods for some states:
It's essential to double-check local requirements and laws to ensure compliance. The list of documents governed by HIPAA record retention policies can be extensive, but consulting with local healthcare providers, lawyers, or consultants can help you understand the specific requirements for your business.
HIPAA compliant storage requirements also dictate how long to keep non-medical documents, such as those related to the processing or destruction of medical records. These documents are subject to the same state-to-state variations in retention periods.
Handling and Disposal
Lost patient records can have a significant impact on patients' right to privacy and put your practice at risk of a HIPAA violation.
Check your company's data destruction and retention policies to ensure compliance with HIPAA regulations.
Data breaches require covered entities to submit a notice to different agencies, including the United States Department of Health and Human Services (HHS).
To ensure secure destruction of medical records, consider a shredding process that includes:
- Secure document collection using locked containers
- Scheduled pickup by trained, background-checked staff
- Secure transportation in GPS-tracked vehicles
- Cross-cut shredding at a secure facility
- Issuing a Certificate of Destruction for your records
- Recycling shredded materials to help the environment
The six-year storage time for medical records is the minimum, and some states require longer storage times, which override HIPAA rules.
All PHI must be made "unreadable, indecipherable, and otherwise unable to be reconstructed" when destroying medical records.
To follow HIPAA rules, healthcare providers must use safe methods to destroy medical records, including cross-cut shredding, pulping, burning, degaussing, and physically destroying hard drives and other electronic storage devices.
A HIPAA-compliant document destruction policy should include clear guidelines for identifying documents with PHI, procedures for secure document storage and handling, regular schedules for document destruction, and training programs for staff on HIPAA compliance and document handling.
Services and Guidelines
To ensure HIPAA compliance, healthcare providers must follow strict guidelines for shredding medical records. HIPAA regulations require healthcare providers to protect protected health information (PHI).
Industry and federal privacy regulations are on the rise, and healthcare providers cannot afford to overlook opportunities for PHI to fall between the cracks. HIPAA compliance is required for any entity that transfers health data, according to the Department of Health and Human Services (HHS).
HIPAA-compliant shredding services are available for healthcare providers, including on-site and off-site shredding options, secure document collection, and cross-cut shredding technology for maximum security. FileVault offers such services, which include a Certificate of Destruction for each shredding session.
The Health Insurance Portability and Accountability Act (HIPAA) defines the involved parties and documents, and is the main document providers use when creating an in-house medical retention policy. HIPAA log retention procedures and requirements deal with documents containing personal health information and personal identification information.
Here are some examples of documents that require HIPAA-compliant storage:
HIPAA compliance is not just about shredding medical records, but also about understanding the guidelines and procedures for destroying or shredding sensitive documents.
Terminology and Definitions
HIPAA compliance terminology can be overwhelming, but let's break it down.
A Covered Entity (CE) is an individual or organization that uses or comes in contact with Protected Health Information (PHI).
PHI includes an individual's past, present, and future health conditions, health care provided to a patient, payment information, and more.
Business Associates (BAs) are organizations or people providing services to a covered entity, and they're also responsible for HIPAA compliance.
A Business Associate Agreement (BAA) is not mentioned in the article section, so let's focus on what is.
The HIPAA Privacy Rule explains who is allowed to access PHI and how it should not be accessed.
The HIPAA Security Rule specifies what Covered Entities and Business Associates need to do to manage and secure electronic PHI.
The HIPAA Breach Notification Rule requires Covered Entities to notify patients and the Department of Health and Human Services (HHS) in case of a data breach.
The Omnibus Rule is a revision to the HIPAA regulations that expanded HIPAA to cover more organizations as Business Associates.
Frequently Asked Questions
Does HIPAA apply to paper charts?
Yes, HIPAA's Privacy Rule applies to paper charts, prohibiting unauthorized disclosure of protected health information. Unauthorized paper record disclosures trigger notice requirements under HIPAA.
Sources
- https://www.medicaltranscriptionservicecompany.com/blog/what-are-requirements-for-storing-physical-hipaa-documents/
- https://www.proshred.com/hipaa/medical-document-shredding-guide/
- https://filevaultusa.com/blog/hipaa-compliant-medical-record-shredding/
- https://empeek.com/insights/hipaa-records-retention-requirements-explained/
- https://cloudian.com/guides/hipaa-compliant-cloud-storage/hipaa-compliant-cloud-storage/
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