Navigating HIPAA Compliance When Using Tracking Technologies on Websites – Source: securityboulevard.com

Websites have become indispensable tools for healthcare organizations to connect with patients, streamline operations, and enhance service delivery. Modern websites are composed of components that “build” unique user experiences in real time.However, the use of tracking technologies on these websites presents unique challenges in complying with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This blog post offers a comprehensive guide for healthcare providers and organizations on navigating the complexities of tracking technologies and HIPAA, ensuring the protection of sensitive patient data.

What Constitutes Protected Health Information (PHI) in the Online Context?

HIPAA defines PHI as any individually identifiable health information transmitted or maintained in any form, including electronic formats. On websites, this can encompass a broad range of data, including:

• Online Form Submissions: Data submitted through contact forms, appointment request forms, or other online forms can capture PHI if those forms collect health-related information.
• Health-Related Website Activity: Browsing history on a website, search queries related to health conditions, or engagement with online symptom checkers can constitute PHI when linked to an individual’s identity.
• Geolocation Data: Information about an individual’s physical location, if collected by a website or tracking technology, can be considered PHI when connected to their health information or healthcare activities.
• Device UUIDs: Unique identifiers assigned to computers, smartphones, or other devices can be considered PHI when tied to an individual’s health information or online behavior related to their healthcare.

IP Addresses: Although not always considered PHI in isolation, IP addresses can become PHI when linked to an individual’s health information or online activity related to their healthcare.

HIPAA Compliance Requirements for Tracking Technologies

When using tracking technologies on websites, HIPAA-covered entities and their business associates must adhere to several key requirements:

1. Valid Authorization: Unless an exception applies, covered entities must obtain valid authorization from individuals before disclosing their PHI to tracking technology vendors. This authorization must be HIPAA-compliant, meaning it must be in writing, specific, and easily understood by the individual. Simply mentioning the use of tracking technologies in a website’s privacy policy or terms of service does not constitute valid authorization under HIPAA.
2. Business Associate Agreements (BAAs): If a tracking technology vendor meets the definition of a business associate under HIPAA, a legally binding BAA must be established. The BAA outlines each party’s responsibilities regarding PHI, including permitted uses and disclosures, safeguards for protecting the data, and breach notification protocols. It is essential to note that a tracking technology vendor is considered a business associate if it receives or maintains PHI on behalf of a covered entity, even if a BAA is not in place – an important nuance to note.
3. Minimum Necessary Disclosure: Covered entities must adhere to the minimum necessary standard, meaning they should only disclose the minimum amount of PHI necessary to achieve the intended purpose. When configuring tracking technologies, organizations should strive to limit the data collected to that which is absolutely essential for website functionality or the services being provided.
4. Robust Security Measures: HIPAA mandates that covered entities implement appropriate administrative, technical, and physical safeguards to protect the confidentiality, integrity, and availability of ePHI. When using tracking technologies, organizations must ensure these safeguards extend to all ePHI collected, transmitted, or stored as a result of those technologies. This includes encryption of ePHI in transit and at rest, access controls, audit trails, and regular security assessments.

Conclusion

Using tracking technologies on websites can enhance the user experience and provide valuable insights for healthcare organizations. However, it’s critical to prioritize HIPAA compliance and implement robust safeguards to protect the privacy and security of patient information.

Protecting PHI is an ongoing process that requires constant vigilance and adaptation to evolving technologies and regulations. By fostering a culture of privacy, diligently assessing risks, and implementing appropriate security measures, healthcare providers and organizations can harness the power of websites while upholding their legal and ethical obligations to safeguard sensitive health data.

The post Navigating HIPAA Compliance When Using Tracking Technologies on Websites appeared first on Feroot Security.

*** This is a Security Bloggers Network syndicated blog from Feroot Security authored by mykola myroniuk. Read the original post at: https://www.feroot.com/blog/navigating-hipaa-compliance-when-using-tracking-technologies-on-websites/