The HIPAA Privacy Rule and online patient forms

The HIPAA Privacy Rule requires healthcare providers to protect the privacy and security of any protected health information (PHI) collected through online patient forms. That includes ensuring data is encrypted during transmission and storage, limiting access to authorized personnel, collecting only the minimum necessary information, obtaining patient consent, and having business associate agreements (BAAs) with any third-party vendors managing the forms. Compliance with these requirements helps safeguard patient information and maintain the confidentiality required by HIPAA.

What are online patient forms?

Online patient forms are digital tools that collect essential patient information, such as appointment details, medical history, and consent for treatment. These forms offer advantages like convenience, efficiency, and quicker processing times. However, they also pose risks, particularly regarding handling and protecting patients' PHI. The HHS defines PHI as " all "individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral."

Aspects of the HIPAA Privacy Rule relevant to online forms

Under the HIPAA Privacy Rule, any PHI collected through online forms must be handled with the same care as traditional paper forms. The rule applies to all healthcare providers, health plans, and their business associates who handle PHI.

The minimum necessary standard dictates that only the minimum amount of information necessary to accomplish the intended purpose should be collected. For example, an appointment scheduling form should only ask for information related to scheduling, not extraneous details.

Additionally, the Privacy Rule grants patients specific rights over their information. Patients have the right to access, amend, and understand how their data will be used. Online forms must be designed to respect these rights, ensuring that patients can exercise control over their information.

Ensuring HIPAA compliance for online patient forms

1. Data encryption: Encrypt PHI in transit (when data is transmitted over the internet) and at rest (when stored on servers). That ensures that even if data is intercepted or accessed without authorization, it remains unreadable and secure. 
2. Access controls: Only authorized personnel should have access to the data collected through online forms. Implementing strong authentication measures, such as passwords and two-factor authentication, and maintaining audit logs to track who accessed the data and when, can help ensure compliance.
3. Business associate agreements (BAAs): If you use third-party vendors to host or manage your online forms, you must have a BAA with them. The BAA ensures the vendor also adheres to HIPAA standards in protecting PHI.
4. Patient notification and consent: Patients should be informed about how their data will be used and have the opportunity to consent to its use. Provide a clear notice of privacy practices (NPP) outlining the intended use of the collected information.
   
   

Implementing HIPAA compliant online forms

When selecting tools for creating online patient forms, choose HIPAA compliant form builders with built-in security features like encryption, access controls, and audit logging. Ensure that any data collected is stored securely and that retention policies align with HIPAA requirements. Data should be securely disposed of when it is no longer needed.

Ensure that all staff members who interact with online forms understand the importance of HIPAA compliance and are trained in proper data handling procedures.

Related: Collect patient data securely with Paubox Forms

Common mistakes and how to avoid them

• Collecting excessive information: Avoid asking for more information than is necessary. Stick to the minimum necessary standard to reduce the risk of exposure.
• Inadequate security measures: Failure to implement robust security, like encryption or strong access controls, is a common mistake. Ensure your systems are secure and regularly updated to prevent breaches.
• Neglecting BAAs: Always have a BAA in place with any third-party vendor involved in managing or processing your online forms to avoid compliance issues.
  
  

FAQs

Can online patient forms be integrated with electronic health records (EHR) systems?

Online patient forms can be integrated with EHR systems. The integration must be HIPAA compliant, ensuring secure data transfer and proper access controls to protect patient information.

Is it necessary to get patient consent before collecting data through online forms?

Yes, obtaining patient consent before collecting data through online forms is required, especially if the data will be used for purposes beyond direct treatment, such as research or marketing.

What happens if an online patient form is accidentally sent to the wrong person?

If an online patient form is accidentally sent to the wrong person, it may constitute a breach under HIPAA. The incident must be assessed and reported according to HIPAA breach notification requirements, and steps should be taken to prevent future occurrences.