The need for patient advocacy in healthcare
The role of patient advocates is expertly outlined in a BMC Nursing journal article on the barriers and facilitators of patient advocacy, “Advocacy is usually employed by someone powerful on behalf of someone who has no power. In situations of vulnerability, powerlessness, or being involved in difficult circumstances, the individual needs to be advocated. Failure to do so may put the person's rights, welfare, or basic needs in danger. Mallik (1997) concludes from her review that the core condition which demands advocacy action is the vulnerability of the client in two respects: personal vulnerability from illness and also vulnerability to risks inherent in the institutional processes to which the client is exposed in the health care system.”
Patient advocates assist patients in navigating a healthcare system that is often complex and overwhelming. Patients often need someone to help them navigate through the maze of treatments, understand their rights, and voice their needs and concerns.
There are two main types of patient advocates: those who work for advocacy organizations and those who are part of the healthcare providers' staff. Advocacy organizations, often run by nonprofits or other independent groups, focus solely on protecting patients.
On the other hand, healthcare providers also have patient advocates who are part of their staff. These advocates help patients directly within the hospital or clinic, ensuring they understand their treatments and healthcare rights.
Do patient advocacy organizations need to use HIPAA compliant email?
Patient advocacy organizations can be classified under HIPAA as either covered entities, business associates, or hybrid entities, depending on how they handle protected health information (PHI). If an advocacy organization provides direct health care services and deals with PHI, it's considered a covered entity. This means it must fully comply with HIPAA rules to protect patient information.
If the organization works with healthcare providers by handling PHI on their behalf, like processing claims or data, it’s called a business associate and also must follow specific HIPAA rules to ensure the privacy and security of health data.
Some organizations might be hybrid entities, meaning only part of their operations are covered under HIPAA because those parts deal with PHI, while other parts do not.
Regardless of their classification, these organizations need to use HIPAA compliant email when sharing PHI. Regular emails might not have the security measures to protect PHI from unauthorized access or breaches.
How patient advocacy groups can use HIPAA compliant email effectively
- Choose a HIPAA compliant email provider: Start by selecting an email service that specifically offers HIPAA compliant solutions like Paubox.
- Sign a business associate agreement (BAA): Before using the services of any email provider, ensure that a BAA is signed with them.
- Data minimization strategy: Implement a data minimization strategy where PHI is only accessed on a need to know basis.
- Secure email gateways: Utilize secure email gateways that provide comprehensive filtering, malware scanning, and intrusion detection.
- PHI disclosure control: Implement controls to automatically scan and detect PHI in emails and documents before they are sent.
- Employee training programs: Develop specialized training programs focused on recognizing phishing attempts, managing PHI securely
See also: Top HIPAA compliant email services
FAQs
What is PHI?
PHI includes any information in a medical record that can be used to identify an individual, and that was created, used, or disclosed in the course of providing a healthcare service such as diagnosis or treatment.
Who needs to comply with HIPAA?
Any healthcare provider, health plan, or healthcare clearinghouse that transmits health information in electronic form, or their business associates who have access to patient information.
Can I use regular email to send PHI?
No.
Kirsten Peremore
