Providers must use HIPAA compliant secure platforms and adhere to GINA guidelines to protect patients protected health information (PHI), including genetic data.
Safeguarding health information
HIPAA safeguards patients’ protected health information. HIPAA’s Privacy and Security Rules establish standards to protect individually identifiable health information held or transmitted by covered entities.
Go deeper: HIPAA stands for . . .
Under HIPAA:
1. Privacy Rule: This rule governs the use and disclosure of Protected Health Information (PHI). Covered entities must keep patient information confidential and only share it for treatment, payment, or healthcare operations, or with patient consent.
2. Security Rule: This rule mandates safeguards to protect electronic PHI (ePHI). Covered entities must implement measures to prevent unauthorized access, use, or disclosure of PHI.
Preserving genetic privacy
In 2008, GINA was enacted to address concerns regarding the potential misuse of genetic information in health insurance and employment. GINA prohibits health insurers and employers from discriminating against individuals based on genetic information. So, GINA's primary goal is to encourage individuals to undergo genetic testing and participate in research without fear of repercussions.
The HHS explains, “The Genetic Information Nondiscrimination Act (GINA) was signed into law on May 21, 2008. GINA protects individuals against discrimination based on their genetic information in health coverage and in employment.
GINA is divided into two sections, or Titles. Title I of GINA prohibits discrimination based on genetic information in health coverage. Title II of GINA prohibits discrimination based on genetic information in employment.”
GINA includes:
1. Health insurance protections: Health insurers are barred from using genetic information to deny coverage, adjust premiums, or impose preexisting condition exclusions.
2. Employment protections: Employers are prohibited from using genetic information for hiring, firing, promotion decisions, or determining terms of employment.
HIPAA, GINA, and secure communication
Providers must secure the transmission of sensitive health information, including genetic data. They must use HIPAA compliant communication methods, like HIPAA compliant emails or text messaging to safeguard patient privacy in healthcare communications.
Secure emails and text messaging
HIPAA requires covered entities to implement appropriate safeguards to protect PHI. Email or text encryption can help ensure that patient information remains confidential during transmission and at rest.
Access controls and authentication
HIPAA's Security Rule mandates the implementation of access controls and authentication mechanisms to prevent unauthorized access to PHI. Secure platforms, like Paubox, incorporate two-factor authentication, allowing only authorized users to access sensitive information.
Audit trails and tracking
Secure email and text systems provide audit trails and tracking capabilities, helping covered entities monitor the transmission of PHI and maintain HIPAA compliance.
Tips for staying HIPAA and GINA compliant
1. User training and compliance: Provider organizations must ensure that staff understand and comply with encryption protocols and the requirements for handling genetic information.
2. Integration with existing systems: Providers can integrate secure email platforms with existing electronic health record (EHR) systems and workflows to streamline communication and ensure patient information is securely shared between healthcare providers. More specifically, ensuring that any integration adheres to GINA by treating genetic information with the same level of security as other types of PHI.
3. Compatibility issues: Providers must use a secure email platform like Paubox, which integrates with Google Workspace, ensuring that all outgoing emails are automatically encrypted, safeguarding PHI and genetic information per HIPAA and GINA requirements.
4. Equity and access: There can be disparities in healthcare access, especially among underserved populations, which could lead to inequities in healthcare privacy. So, providers can use HIPAA compliant texts to ensure patients have better access to privacy-protected communication and prevent genetic information discrimination or privacy breaches.
Read also: Addressing social determinants of health with HIPAA compliant texts
FAQs
How do HIPAA and GINA relate to each other?
Both HIPAA and GINA safeguard patients’ protected health information (PHI). HIPAA covers a broad range of health data, while GINA specifically addresses the use and disclosure of genetic information.
What is protected health information (PHI)?
PHI includes any information about health status, provision of health care, or payment for health care that can be linked to an individual and is protected under HIPAA regulations.
Read also: What is protected health information (PHI)?
What are the penalties for violating HIPAA or GINA?
Penalties for violating HIPAA include civil fines ranging from $100 to $50,000 per violation, with a maximum of $1.5 million per year, and criminal penalties with fines up to $250,000 and imprisonment for up to ten years for the most severe violations involving malicious intent or personal gain.
For GINA violations, penalties typically involve civil fines, and violators may be required to pay damages, and legal fees, and undertake corrective actions, such as job reinstatement and payment of back wages, to remedy discriminatory practices based on genetic information. Both sets of penalties vary based on the severity and willfulness of the breach.
Go deeper: What are the penalties for HIPAA violations?
