Do clergy have to follow HIPAA?

Clergy members, when functioning in their traditional roles within a religious context, are not directly subject to HIPAA. 

Are the clergy covered by HIPAA?

Clergy members are not considered covered entities under the Health Insurance Portability and Accountability Act (HIPAA). The law primarily pertains to healthcare providers and related entities that handle protected health information (PHI) in the course of providing healthcare services. However, there are situations where clergy members may be involved in healthcare-related activities, such as providing spiritual or pastoral care to individuals in healthcare settings.

Go deeper: How to know if you're a covered entity?

When are the clergy a covered entity?

There are situations where clergy members may encounter health information, and in those specific instances, they may need to be mindful of HIPAA regulations. Situations where the clergy may have to adhere to HIPAA regulations include:

• Employment in healthcare settings: If a clergy member is employed by a healthcare provider or organization and is involved in healthcare activities, they may need to comply with HIPAA regulations in the context of their employment.
• Pastoral care in healthcare facilities: Clergy members providing spiritual or pastoral care within a healthcare facility, like hospitals or nursing homes, may come across PHI. In such cases, they should be aware of the need to safeguard the privacy and confidentiality of that information.
  
  

How can the clergy ensure HIPAA compliance?

In situations where the clergy handles PHI, they will have to comply with HIPAA regulations. This is how the clergy can ensure HIPAA compliance:

• Education and training: Attend training sessions or workshops on HIPAA compliance, especially if working in healthcare settings.
• Clarify roles and responsibilities: Understand the specific context in which healthcare and spiritual care intersect. Clarify your role and responsibilities for handling health information in different settings.
• Confidentiality agreements: If working for a medical service provider, make sure to comply with all established confidentiality policies and agreements.
• Limit access to PHI: Only access and use PHI when necessary for providing spiritual or pastoral care. Avoid unnecessary disclosure or sharing of health information with others who do not have a legitimate need to know.
• Secure communication: When communicating about health information, use secure and private methods, such as HIPAA compliant email, private counseling sessions, or designated confidential spaces.
• Collaborate with healthcare providers: Seek guidance from healthcare professionals on navigating HIPAA compliance within healthcare settings.
• Consent and authorization: Obtain consent or authorization from individuals before discussing their health information with others, including other members of the clergy or religious community.
• Data security measures: If utilizing electronic communication or records, implement appropriate security measures to protect against unauthorized access or breaches.
• Consult legal and compliance professionals: Seek guidance from legal professionals or compliance officers within healthcare organizations to ensure that your actions align with applicable laws and regulations.

Related: A guide to HIPAA's minimum necessary standard

FAQs

Can PHI be shared with clergy?

Healthcare facilities can maintain a directory of patient details that can be disclosed to clergy members, facilitating appropriate spiritual support and care communication.

Go deeper: Can PHI be shared with clergy?  

What is a HIPAA consulting partner?

A HIPAA consulting partner is a specialized professional or firm with expertise in HIPAA regulations and compliance.

What is the HIPAA Minimum Necessary Standard?

The Minimum Necessary Standard is a fundamental component of HIPAA that ensures only the minimum necessary amount of PHI is used, disclosed, or requested for a specific purpose.