HIPAA-compliant texting is a complicated topic in healthcare. On one hand, texting patients without their consent or mishandling personal medical information can lead to consequences for you and your healthcare facility. Without the proper security and access control in place, an employee’s honest mistake can turn into a severe penalty. 

On the other hand, there are ways to implement convenient text messaging solutions that align with HIPAA regulations and keep you compliant. By using a unified healthcare platform that helps you stay compliant with HIPAA, you can build digital engagement among your patients, increase revenue for your facility and provide better patient journeys.

What Is HIPAA?

The Health Insurance Portability and Accountability Act (HIPAA) is a law Congress passed in 1996. This law created national requirements and standards to protect private patient health information, such as medical records and identifying health information, from being shared without the patient’s knowledge or consent. 

HIPAA sets limits and conditions on how healthcare professionals use protected health information without an individual’s authorization, including the right to obtain and examine a copy of a patient’s health records. Protected health information is any information that identifies an individual contained in an electronic or hard copy.

The primary purpose of HIPAA is to standardize the electronic transmission of financial and administrative transactions while combatting fraud, waste and abuse in the healthcare system. 

Since its creation, HIPAA has required the United States Department of Health and Human Services (HHS) to create additional data privacy regulations. These regulations prompted the Privacy Rule and the Security Rule, which define standards for handling all personal health information (PHI) and ending the unnecessary collection of Social Security Numbers (SSNs). 

What Is a HIPAA Violation?

HIPAA violations occur when an employee or healthcare professional acquires, accesses or discloses PHI in a way that poses a significant personal risk to a patient. These regulation violations can apply to anyone who works with or performs any function involving PHI. Some HIPAA violation examples include:

• Failure to conduct a risk analysis
• Failure to manage risks to the availability and confidentiality of PHI
• Texting unencrypted PHI
• Failure to encrypt PHI 
• Failure to implement security measures to ensure the integrity of PHI
• Failure to monitor PHI access logs
• Failure to terminate access to PHI to users when no longer required
• Sharing of PHI online or via social media without permission
• Mishandling and mismailing PHI

Are Text Messages to Patients HIPAA Compliant?

When it comes to HIPAA and texting, certain circumstances may meet necessary regulations. However, texting through traditional platforms or not following proper opt-in protocols can result in a violation. For example, iMessage is not HIPAA compliant if the patient has not consented to receive text communications about their PHI. Providers or healthcare employees who share something as simple as a patient’s name or another identifier will likely violate HIPAA without permission. HIPAA consent guidelines state that the patient must give the Covered Entity (CE) permission for specific communications through text. 

For instance, a patient may give the CE consent to communicate appointment reminders through text messages. However, they may not give their permission to share PHI or any medical information in this format. Providers must advise patients that this method is not secure and receive explicit written consent before engaging in this communication. 

The HIPAA Security Rule also defines standards for communicating over text, such as implementing access controls, encryption and audit controls to protect PHI. This is why texting on commonly used platforms is not encouraged. These violations can also create substantial liability with The Federal Communications Commission (FCC). FCC-compliant texting requires communities only to send authorized texts to recipients to prevent widespread fraud and spam. 

What Are the Penalties for a HIPAA Violation?

Violations of HIPAA rules come with penalties. These penalties depend on the nature of the breach, how much harm was caused by the violation, the level of culpability and the efforts made to mitigate the impact. In some cases, the penalty will include a corrective action plan, but many HIPAA violations may result in significant financial civil or criminal penalties. 

Civil penalties occur if the violation committed is without malicious intent. There are four tiers of civil penalties for violating HIPAA. More severe HIPAA violations can result in criminal penalties, particularly if the individual committing the violation does so with malicious intent. 

The Importance of Compliance

Beyond helping you avoid legal and financial consequences, maintaining compliance can help you build trust, enhance your reputation and foster long-term relationships with patients.

Fostering Trust

Compliance ensures your patient data remains confidential, which helps foster trust between patients and providers. When you prioritize HIPAA compliance, you demonstrate a commitment to transparency in handling patient information. This openness reassures patients that your practice is treating their data with respect and that they are informed about their rights.

HIPAA compliance also empowers patients by providing them access to their records to request corrections or decide who can view their data. Trust is fundamental to the patient-provider relationship, and when patients feel confident that their sensitive information is safe, they are more likely to seek ongoing care and maintain long-term relationships with their healthcare providers.

Legal and Financial Consequences

Non-compliance can lead to legal repercussions like fines, lawsuits and criminal charges. By maintaining HIPAA compliance, you avoid penalties or even jail time for malicious violations.

Reputation Management

Maintaining HIPAA compliance enhances a practice’s reputation. A breach of PHI can damage the trust your patients place in you, leading to decreased patient retention and referrals. A strong commitment to compliance can differentiate your practice in a competitive market. Implementing HIPAA-compliant practices can also help you boost efficiency as you standardize processes to handle PHI, streamline workflows, reduce errors and enhance overall patient care.

Risk Mitigation

Regular training and adherence to HIPAA regulations can help you spot potential vulnerabilities within your practice’s systems. Taking a proactive approach can minimize the risk of data breaches and enhance patient information security.

Common Ways HIPAA Compliance Is Broken

Here are the common ways you may break HIPAA compliance in your healthcare facility or practice:

• Employees disclosing information: Under HIPAA, employees are not permitted to discuss personal information about patients or share details about their medical records unless medically necessary in a private medical setting. This includes casually sharing information with family members and colleagues. 
• Texting from a personal phone: One of the top prohibited uses of texting patients is using a personal phone or device without a protected platform and secure login. 
• Getting hacked: Healthcare security breaches reached an all-time high in 2021. These breaches can result from hackers selling PHI to third parties or using ransomware to take over patient data. This type of hacking can lead to a HIPAA violation.
• Unauthorized access: Employees who access PHI they are not authorized to see, whether accidentally, out of curiosity or intentionally, can break HIPAA regulations. 
• Improper disposal of PHI: As with any medical records, all employees must know the proper procedure for deleting or disposing of a physical or digital document containing PHI. If someone accidentally throws a document in the trash or leaves it on a table, it can get into the wrong hands and result in a compliance violation.

How to Ensure Your Text Messages to Patients Are HIPAA Compliant

Follow the HIPAA-compliant texting tips below if your healthcare facility wants to start communicating with patients through text messaging. 

Get Permission

Before engaging in any form of electronic communication with your patients regarding PHI or medical record data, get their permission first. Provide patients with a written or electronic form or text message reply option that signifies their consent to receive text messages regarding their PHI. Sending texts to patients without their permission can violate HIPAA, so prioritize informed consent and require all patients to opt-in for text messages before sharing PHI with them. 

Control Access

All healthcare facilities must take precautions to control who has access to PHI and medical record information and warn patients about the risks of unauthorized disclosure in writing. The HIPAA Security Rule requires access controls for all PHI, including automatic logoff and unique user ID features.

Document Consent

As an added layer of protection, be sure to document patient consent effectively. Maintain records of consent forms or digital acknowledgments that indicate a patient’s agreement to receive text communications. Store consent confirmations in the patient’s file as proof.

You can also regularly ask patients if they need to update their communication preferences, allowing them to reaffirm or change their consent status as needed. Only use secure storage solutions that comply with HIPAA regulations to maintain digital consent and acknowledgments records. These ensure access while protecting sensitive information.

Educate Staff on HIPAA Compliance

Regular training sessions for all employees on HIPAA regulations and how to properly handle PHI can reduce the risk of accidental violations. Be sure employees understand what constitutes PHI and how to communicate securely with patients through text.

Develop and disseminate clear policies regarding text message utilization in your practice. These policies should include those authorized to communicate through text, the type of information your team can share and the procedures for obtaining patient consent.

Conduct Regular Audits and Assessments

Conduct regular audits of your consent records to ensure all patient consent is documented and up-to-date. Also regularly audit your texting practices and systems to ensure compliance with HIPAA regulations. This includes reviewing logs of sent messages, checking for unauthorized access and reviewing the effectiveness of your security measures.

Integrate an End-to-End Solution for Patient Communication 

An effective way to prevent HIPAA violations is to integrate a compliant solution that enables you to communicate with your patients through messaging to pre-decided phone numbers. Whether you need to send appointment confirmations and reminders, send digital forms for signatures or update family members in the waiting room on the patient’s status, you can benefit from healthcare communication solutions that optimize the visit experience and remain HIPAA compliant. 

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Millennia Is Your Patient Engagement Solution 

Communicating with patients through text messaging is an efficient and convenient way to keep them informed and increase patient satisfaction. At Millennia, we know how important it is to effectively engage with patients while upholding HIPAA regulations. With Millennia Patient Payment Solution, your healthcare facility gains access to a comprehensive solution that integrates with your existing system to enhance the patient journey and make text messaging easier and more compliant. 

Our all-in-one solution allows you to simplify payments, send real-time updates, and improve patient communication. 

To learn more about the key features of Millennia Patient Payment Solution, request a consultation today to start providing your patients with the flexibility and convenience they need.