Mental health professionals can ensure HIPAA compliance with mobile health apps by selecting HIPAA compliant applications that will sign a business associate agreement (BAA), implementing strong access controls and two-factor authentication, ensuring data encryption, conducting regular risk assessments, using secure communication channels, obtaining patient authorization, educating patients on app usage, providing ongoing staff training, maintaining audit trails to monitor access to protected health information, and having contingency plans for data breaches.
Understanding HIPAA and mobile apps
HIPAA sets standards for protecting patient health information. When therapists use mobile apps that handle protected health information (PHI), they must comply with HIPAA’s Privacy Rule, Security Rule, and Breach Notification Rule. These rules require safeguarding PHI, ensuring confidentiality, integrity, and availability of electronic PHI, and notifying patients and authorities in case of a data breach.
A study on smartphone use and security challenges in hospitals stated that "Smartphones are an important part of digital support for physicians in everyday clinical practice. To minimize the risks of use, technical and organizational measures should be taken by the hospital management".
Read more: Understanding and implementing HIPAA rules
Choosing HIPAA compliant apps
Therapists should choose apps specifically designed to be HIPAA compliant. That means verifying the app provider’s security measures, including data encryption, access controls, and user authentication protocols. Additionally, therapists should ensure that the app provider is willing to sign a BAA.
Implementing strong access controls
Therapists should use strong, unique passwords and enable two-factor authentication. This added layer of security significantly reduces the risk of unauthorized access. Additionally, limit access to authorized individuals only, which can include setting user roles within the app to restrict access based on necessity.
Ensuring data encryption
Data encryption protects PHI during transmission and storage. Therapists must ensure that all PHI handled by the app is encrypted, both at rest and in transit. That means verifying the encryption standards used by the app provider. Encrypting sensitive information minimizes the risk of data breaches and unauthorized access.
Related: What happens to your data when it is encrypted?
Conducting regular risk assessments
Therapists should perform these assessments periodically to evaluate the app’s data protection measures. That includes reviewing the app's security protocols, identifying potential vulnerabilities, and assessing the potential impact of any risks. Mitigating identified risks helps maintain HIPAA compliance, which may involve updating security measures or switching to a more secure app.
Patient authorization and education
Obtain patient authorization for collecting and using their health information for purposes beyond treatment, payment, or healthcare operations. Therapists should develop consent forms that inform patients of their rights and the app’s functionalities. Therapists should ensure patients understand what information can be shared through the app, how to protect their accounts, and the importance of reporting suspicious activity.
Regular training and education for staff
Train all staff members on HIPAA requirements and best practices for using mobile apps. Training sessions should cover identifying phishing attempts, securely handling PHI, and understanding the consequences of HIPAA violations. Keeping staff updated on changes in HIPAA regulations and providing ongoing education will help maintain compliance and promote a culture of privacy awareness within the practice.
Related: Tips to spot phishing emails disguised as healthcare communication
Maintaining audit trails and monitoring
Use apps that maintain audit logs to track access and modifications to PHI. Regularly reviewing these logs can help detect unauthorized access and suspicious activity. Continuous monitoring ensures ongoing compliance and the prompt addressing of potential security issues. That helps identify breaches and shows a commitment to protecting patient information.
Emergency and contingency planning
Having plans for data breaches or other emergencies contributes to HIPAA compliance efforts. Therapists should have a process for notifying patients and relevant authorities in case of a violation, as required by HIPAA. Steps to mitigate the impact of a data breach, such as data recovery strategies and addressing vulnerabilities, should also be included in the contingency plan to ensure a swift response.
Read more: Developing a HIPAA compliant incident response plan for data breaches
FAQs
Can mobile health apps be used for storing patient records long-term?
While some mobile health apps offer secure storage options, therapists should ensure that the storage solutions meet HIPAA requirements and consider using dedicated, HIPAA compliant electronic health record (EHR) systems for long-term storage.
What should therapists do if a mobile health app does not offer a BAA?
Therapists should not use an app for handling PHI if the provider does not sign a BAA as it cannot be considered HIPAA compliant.
Related: The consequences of not having a BAA with an email service provider
Are there any specific risks associated with using mobile health apps that therapists should be aware of?
Therapists should be aware of risks such as data breaches, unauthorized access, and the potential for phishing attacks, and take steps to mitigate these risks through secure app usage and regular training.
Liyanda Tembani
