Spok Mobile is a clinical communications platform designed to enhance clinician and administration workflow. More specifically, it is used for secure messaging, critical alerting, and workflow optimization among healthcare teams.
Spok Mobile operates through closed-loop authentication and encryption, safeguarding patients' protected health information (PHI).
Is Spok Mobile HIPAA compliant?
Yes, based on our research, Spok Mobile can be HIPAA compliant.
Will Spok Mobile sign a business associate agreement (BAA)?
Yes, Spok Mobile is willing to sign a business associate agreement, as stated on its website: "Spok complies with applicable privacy and security obligations as a 'business associate' under HIPAA," which can be viewed here.
What does the Spok Mobile BAA cover?
The Spok Mobile BAA covers the use and disclosure of protected health information (PHI), stating, "Spok may access, use or disclose protected health information subject to the Health Insurance Portability and Accountability Act (HIPAA)."
Their BAA covers:
- Protocols for secure transmission, storage, and access of PHI.
- Customer indemnification
- Enforcing rights for policy violations
- Actions including warnings, service suspension/termination, billing for administrative costs, blocking network input, or legal measures.
- Security breaches
What does the Spok Mobile BAA exclude?
Spok Mobile terms state that it is a "conduit because it merely provides data transportation/transmission services."
According to the HHS, the "conduit exception" is a narrow provision that applies strictly to entities engaged in the transmission of PHI, so Spok Mobile does not access PHI except on a "random or infrequent basis as necessary to perform the transportation service or as required by law."
Conclusion
Spok Mobile signs a BAA and is, therefore, HIPAA compliant.
Learn more: HIPAA Compliant Email: The Definitive Guide
FAQS
What is a business associate agreement?
A business associate agreement (BAA) is a legally binding contract establishing a relationship between a covered entity under the Health Insurance Portability and Accountability Act (HIPAA) and its business associates. The purpose of this agreement is to ensure the proper protection of personal health information (PHI) as required by HIPAA regulations.
What is HIPAA?
The Health Insurance Portability and Accountability Act (HIPAA) sets national standards for protecting the privacy and security of certain health information, known as protected health information (PHI).
HIPAA is designed to protect the privacy and security of individuals' health information and to ensure that healthcare providers and insurers can securely exchange electronic health information. Violations of HIPAA can result in significant fines and penalties for covered entities.
Who does HIPAA apply to?
HIPAA applies to covered entities, which include healthcare providers, health plans, and healthcare clearinghouses. It also applies to business associates of these covered entities. These are entities that perform certain functions or activities on behalf of the covered entity.
