
OneDrive is a popular cloud storage service, but is it safe for healthcare providers who handle sensitive patient information? According to Microsoft, OneDrive meets the requirements for the Health Insurance Portability and Accountability Act (HIPAA) of 1996, which is a federal law that protects the confidentiality, integrity, and availability of electronic protected health information (ePHI).
However, it's essential to note that OneDrive's HIPAA compliance is conditional upon the healthcare provider's configuration and use of the service. This means that healthcare providers must ensure they are using OneDrive in a way that meets HIPAA's requirements, such as implementing appropriate access controls and encrypting data in transit.
To be HIPAA compliant, healthcare providers must also sign a Business Associate Agreement (BAA) with Microsoft, which outlines the terms and conditions of their use of OneDrive for storing and sharing ePHI. This agreement is a crucial step in ensuring that OneDrive is used in a way that maintains the confidentiality and security of patient information.
Microsoft Compliance Agreements
Microsoft Compliance Agreements are a crucial aspect of ensuring OneDrive's HIPAA compliance. Microsoft automatically applies a Business Associate Agreement (BAA) to healthcare organizations that subscribe to a Microsoft 365 or Office 365 business plan.
This eliminates the administrative burden of having to ensure an agreement is in place before OneDrive is used to store or share Protected Health Information (PHI). However, it's essential to read the terms of the agreement to understand the respective obligations.
Microsoft won't change any part of the Agreement to suit an organization's requirements. Therefore, if you don't like certain aspects of the Agreement, you may need to find another cloud storage service provider.
A standard Business Associate Agreement is automatically applied by Microsoft, but it's still important to understand the terms and conditions. This agreement establishes the permitted and required uses and disclosures of PHI by the business associate, based on the relationship between the parties and the activities or services being performed by the business associate.
Here are the key points to consider when it comes to Microsoft Compliance Agreements:
- Microsoft automatically applies a Business Associate Agreement to healthcare organizations.
- The Agreement is not customizable to suit an organization's requirements.
- It's essential to read and understand the terms and conditions of the Agreement.
Third-Party Certifications and Compliance
Microsoft services that are covered under the Business Associate Agreement (BAA) have undergone audits conducted by accredited independent auditors for the Microsoft ISO/IEC 27001 certification.
These certifications demonstrate Microsoft's commitment to security and compliance, providing an added layer of trust for organizations that handle sensitive information.
Microsoft enterprise cloud services have also been assessed by FedRAMP, a program that evaluates the security of cloud services for the US government.
Microsoft Azure and Microsoft Azure Government received a Provisional Authority to Operate from the FedRAMP Joint Authorization Board, while Microsoft Dynamics 365 U.S. Government and Microsoft Office 365 U.S. Government received an Agency Authority to Operate from the US Department of Housing and Urban Development and the U.S. Department of Health and Human Services, respectively.
These third-party certifications and compliance assessments provide assurance that Microsoft's services meet rigorous security and compliance standards.
Office 365 and Compliance
Office 365 is a multi-tenant hyperscale cloud platform that enables customers to specify the region where their customer data is located. Most Office 365 services allow customers to choose the region where their data is stored.
Your organization is wholly responsible for ensuring compliance with all applicable laws and regulations, including HIPAA. This means you should consult legal advisors for any questions regarding regulatory compliance for your organization.
To meet your compliance obligations, use the International availability information and the Where your Microsoft 365 customer data is stored article to find out which services are available in which regions.
Office 365 has different environments, each with its own level of security and compliance features. These environments include Office 365 (Commercial), Office 365 Government Community Cloud (GCC), Office 365 Government Community Cloud - High (GCC High), and Office 365 DoD (DoD).
Here is a brief overview of the different Office 365 environments:
- Office 365 (Commercial): available globally
- Office 365 Government Community Cloud (GCC): available for United States Federal, State, Local, and Tribal governments, and contractors holding or processing data on behalf of the US Government
- Office 365 Government Community Cloud - High (GCC High): designed according to Department of Defense (DoD) Security Requirements Guidelines Level 4 controls and supports strictly regulated federal and defense information
- Office 365 DoD (DoD): designed according to DoD Security Requirements Guidelines Level 5 controls and supports strict federal and defense regulations
To assess your organization's compliance posture and take actions to help reduce risks, use Microsoft Purview Compliance Manager. It offers a premium template for building an assessment for HIPAA compliance.
Risk Assessment and Management
To assess the risk of using OneDrive for HIPAA compliance, you can use Microsoft Purview Compliance Manager. This tool helps you understand your organization's compliance posture and take actions to reduce risks.
Compliance Manager offers a premium template for building an assessment, which you can find on the assessment templates page. You can also learn how to build assessments in Compliance Manager.
To make OneDrive HIPAA compliant, you need to configure the service to comply with the standards of the HIPAA Security Rule. This includes information access management, integrity controls, contingency planning, audits logs, transmission security, and more.
Not all Microsoft 365 and Office 365 business plans include all the necessary controls, so you may need to purchase an add-on security plan or upgrade your existing plan.
Once the necessary controls are configured, it's essential to train workforce members on how to use OneDrive in compliance with HIPAA. This includes understanding what not to save in file titles and subject fields of shared links.
Comparison and Alternatives
If you're concerned about the security and compliance of OneDrive, you have alternatives.
OneDrive's HIPAA compliance is a major concern for healthcare providers, as seen in the section on "Security and Compliance". Google Drive, on the other hand, offers a Business version that is designed for business use and includes features like audit logs and data loss prevention.
Dropbox also offers a Business plan that includes features like data loss prevention and advanced security controls, making it a viable alternative to OneDrive.
Microsoft and Compliance
Microsoft takes compliance with HIPAA regulations seriously, and their products and services are designed to help customers meet these requirements. Microsoft will enter into Business Associate Agreements with its covered entity and business associate customers to support their compliance with HIPAA obligations.
To become HIPAA compliant, OneDrive must be configured to comply with the standards of the HIPAA Security Rule, which includes information access management, integrity controls, contingency planning, audits logs, transmission security, etc. Not all Microsoft 365 and Office 365 business plans include all the required controls, so it may be necessary to purchase an add-on security plan or upgrade an existing plan.
Microsoft Purview Compliance Manager is a feature that helps you understand your organization's compliance posture and take actions to help reduce risks. It offers a premium template for building an assessment for HIPAA regulation.
To make OneDrive HIPAA compliant, you'll need to request a Business Associate Agreement (BAA) from Microsoft. This is a crucial step, as the consumer package of OneDrive is not HIPAA compliant. The BAA will help ensure that your organization's data is protected and meets HIPAA requirements.
Here are some key features of Microsoft OneDrive that make it a good choice for healthcare organizations:
- Easy to organize files
- Secure collaboration tools
- Files are individually encrypted
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