Wix is one of the leading website builders, offering a user-friendly interface and a wide range of features. However, industries that handle protected health information (PHI), such as healthcare providers, must ensure compliance with HIPAA regulations.
This article will determine whether or not Wix is HIPAA compliant.
What is Wix?
With its drag-and-drop editor and customizable template, Wix is a popular cloud-based website development platform that allows individuals and businesses to create professional-looking websites without the need for coding skills. Wix offers a convenient solution for building websites quickly and easily. It caters to a diverse range of industries and has gained a reputation for its user-friendly interface and extensive feature set.
What is a business associate?
Under HIPAA regulations, a business associate is any entity that performs certain functions or activities involving the use or disclosure of PHI on behalf of a covered entity. Covered entities are typically healthcare providers, health plans, and healthcare clearinghouses. Business associates can include software vendors, data storage providers, consultants, and website builders.
Business associate agreement provisions
When a covered entity engages the services of a business associate, it must sign a business associate agreement (BAA) to ensure the protection of PHI. A BAA is a legally binding contract that outlines the responsibilities and obligations of both parties regarding the handling of PHI.
Some of the key provisions typically included in a BAA are:
- Permitted uses and disclosures of PHI: The BAA specifies how the business associate can use and disclose PHI. It ensures that PHI is only used for the purposes defined in the agreement or as required by law.
- Safeguards: The BAA requires the business associate to implement appropriate safeguards to protect PHI from unauthorized access, use, or disclosure. This includes technical, administrative, and physical safeguards.
- Reporting breaches: The BAA stipulates that the business associate must promptly report any breaches of unsecured PHI to the covered entity. This allows the covered entity to take necessary action to mitigate the potential harm caused by the breach.
- Subcontractors: If the business associate engages subcontractors to perform services involving PHI, the BAA requires the business associate to ensure that subcontractors also comply with HIPAA regulations and sign a BAA.
Related: Business associate agreement provisions
Wix and the business associate Agreement
As a website builder, Wix provides a platform for businesses to create and host their websites. When it comes to handling PHI, Wix acts as a business associate if it offers services to covered entities that involve the use or disclosure of PHI. Please note that whether Wix is a business associate depends on how it is used by the covered entity.
Wix and HIPAA compliance
HIPAA sets specific standards and requirements for the protection of PHI. Covered entities must ensure that their business associates, including website builders like Wix, comply with these regulations to safeguard PHI. While Wix offers a range of security features and tools, covered entities must assess whether Wix's services can be used in a HIPAA compliant manner.
Is Wix HIPAA compliant?
Wix does not explicitly advertise itself as being HIPAA compliant. In fact, on the help center section of their official website, they state, "Wix services are not specifically designed to comply with HIPAA. As such, we are unable to operate as a Business Associate, subcontractor, or agent of a Covered Entity, as these terms are defined in HIPAA."
Conclusion:
Based on the HIPAA requirements and the exploration of Wix as a website development platform, Wix is not HIPAA compliant.
Covered entities considering using Wix for their websites should engage legal professionals to assess the specific use case and determine the necessary measures to achieve compliance. Implementing appropriate security measures, following best practices, and signing a BAA can help covered entities and business associates ensure the privacy and security of PHI per HIPAA regulations.
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Liyanda Tembani
