HIPAA compliance is a critical requirement for dental practices, particularly when managing third-party vendors or service providers with access to protected health information (PHI). These vendors, known as business associates, are essential for supporting the day-to-day operations of dental practices. However, they also pose potential risks to patient data security.
Business associates and dental practices
A business associate refers to any person or entity that performs certain functions or activities on behalf of a covered entity, including dental practice, that involves the use or disclosure of PHI. The definition of a business associate under HIPAA is broad. It encompasses various service providers, vendors, contractors, or subcontractors.
Related: When is a dentist a covered entity?
Business associates agreement
A business associate agreement (BAA) is a written contract or agreement established between a covered entity (such as a dental practice) and a business associate. The BAA defines the responsibilities and obligations of the business associate in relation to PHI as required by the HIPAA.
The purpose of a BAA is to ensure that the business associate understands and agrees to comply with HIPAA regulations and safeguards when handling PHI on behalf of the covered entity. The agreement establishes a legal framework that outlines the expectations, requirements, and protections related to PHI.
The BAA typically includes provisions regarding:
- The permitted uses and disclosures of PHI by the business associate.
- Safeguards for protecting PHI, including data security measures.
- The reporting of any breaches or security incidents involving PHI.
- The requirement for the business associate to comply with applicable HIPAA regulations.
- The assurance that the business associate will ensure its subcontractors comply with HIPAA requirements.
- The process for terminating the agreement and returning or destroying PHI.
Related: Business associate agreement provisions
Additional measures dental practices can take
Conducting Due Diligence
Before entering into a partnership with a business associate, the dental practice should perform due diligence to assess the business associate's HIPAA compliance practices. This may involve reviewing their policies, procedures, and security measures.
Providing HIPAA Training
The dental practice should ensure all employees are trained on HIPAA compliance and understand their roles and responsibilities in safeguarding PHI. This training should also include specific guidance on interacting with business associates and adhering to the terms of the BAA.
Monitoring and Auditing
Regular monitoring and auditing of the business associate's activities are required to ensure ongoing compliance. The dental practice should periodically review the business associate's practices, such as their security measures, handling of PHI, and adherence to the terms of the BAA.
Incident Response and Breach Notification
The dental practice should establish clear incident response procedures in the event of a security incident or breach involving PHI held by the business associate. The BAA should outline the reporting requirements, response timelines, and collaboration between the dental practice and the business associate to mitigate potential harm.
Reviewing Security Measures
The dental practice should assess the security measures implemented by the business associate, such as data encryption, access controls, employee training, and physical security. Ensure these measures align with the dental practice's security standards and HIPAA requirements.
Ongoing Communication
Maintaining open lines of communication with the business associate is vital. Regular communication and collaboration allow for the exchange of updates, sharing best practices, and addressing any concerns or questions related to HIPAA compliance.
Related: Dental imaging and HIPAA compliance
Legislation that applies to dental practices and third parties
The American Dental Association (ADA) provides guidance for dental practices when working with business associates. Under this guidance, associate dentists and dental laboratories generally do not require a BAA for treatment purposes. Dental practices should conduct due diligence when selecting business associates, negotiate agreement terms, monitor their activities, and take corrective action if any misuse of PHI is discovered.
Temporary employees from employment agencies may be considered business associates, and the practice should ensure they receive HIPAA training. In the event of a breach, business associates must promptly notify the covered entity. At the termination of a business associate relationship, appropriate steps should be taken to protect PHI.
Related: Are HIPAA compliance audits necessary for dental practices?
Kirsten Peremore
