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What Counts as PHI According to HIPAA Standards?

HIPAA requirements

Have you ever filled out a medical form and wondered what actually happens to all that personal information? Your name, date of birth, insurance information, and medical history are all gathered, stored, and shared across several systems. 

However, not all people understand that this data is not simple information but Protected Health Information, or PHI. And its management is strongly regulated by HIPAA guidelines.

As a healthcare employee, insurance agent, administrative employee, or even a third-party vendor, it is not merely good practice to know what PHI is and how to keep it safe; it is the law. The inability to do it right may result in a severe legal issue and a loss of patient confidence.

This guide will take you through precisely what PHI is, how it is safeguarded by HIPAA, and what organizations must undertake to remain compliant-without getting bogged down in legal terms. Let us simplify it.

What Is PHI?

Protected Health Information or PHI is any information that has something to do with health and can be used to identify a person. In accordance with HIPAA standards, this encompasses a broad list of identifiers that, when combined with health data, become confidential.

PHI includes:

  • Medical history (diagnosis, treatment plans, lab outcomes)
  • Billing information
  • Discussions among healthcare personnel in terms of treatment
  • Insurance details
  • Biometric identifications (e.g., fingerprints)
  • Any of the 18 identifiers listed in the HIPAA standards list

When such information is generated, obtained, maintained, or transferred by a healthcare provider, insurer, or business associate, it must be secured according to HIPAA.

Why Understanding PHI Matters

Professionals in healthcare, insurers, and business associates have a legal obligation to safeguard PHI. The compromise or negligent ways of handling such information not only pose a risk to patient privacy but also open doors to lawsuits and hefty fines. In 2023, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) fined over 5 million for organizations that have breached the HIPAA regulations.

But, how can an organization know they are compliant with HIPAA? Only before-and-after testing shows if HIPAA awareness has truly improved.

The best way to avoid violating the standards of HIPAA and prevent unintentional and deliberate breaches is to know what constitutes PHI.

What Is Not Considered PHI?

Not every information related to health is covered by HIPAA. To be considered as PHI, data should be generated, processed, or shared by a covered person (such as a hospital or insurance company) and it should be associated with the health of a particular individual. 

Some of the examples of non-PHI information include:

  • De-identified data where all the 18 HIPAA identifiers are removed.
  • Personal health records in a personal diary or a personal wellness app that is not shared with a physician.
  • Employment records held by your employer, even if they include medical information.
  • Student health records that schools keep are included in FERPA.
  • Independent health apps that do not require the intervention of a medical professional.

In short, health information that is not connected to a specific individual through a covered entity is not PHI.

Where Does HIPAA Apply?

HIPAA applies to "covered entities" and their "business associates."

  • The covered entities consist of the healthcare providers, health plans, and healthcare clearinghouses.
  • Business associates are vendors or contractors who manage PHI on behalf of covered entities.

Therefore, regardless of whether you are a nurse inputting the data into a patient chart or a digital health record software provider, the knowledge of HIPAA standards for security is a must.

Examples of PHI in Different Settings

Now, the question is how PHI may manifest itself in everyday activities:

Clinical Settings

  • Patient visit notes by the doctor
  • Laboratory tests report
  • Patient-identifying prescriptions

Administrative Use

  • Insurance claims that have names and procedure codes
  • Reminders of appointments to patients containing identifiable information

Digital and Remote Work

  • Doctor-to-doctor emails that mention a diagnosis of a patient
  • Storing medical records in the cloud
  • Recording of telemedicine sessions

This is a wide area that makes it important for all personnel working in all positions to learn about PHI. Regardless of what their roles and responsibilities include (their work at the patient care, billing, or tech support departments), their actions may affect HIPAA compliance.

Standards of HIPAA and Their Role in PHI Protection

HIPAA isn’t a single rule but a set of regulations. The HIPAA standards list includes several key rules, such as:

1. The Privacy Rule

This defines PHI and sets rules for when it can be disclosed.

2. The Security Rule

This sets standards to safeguard electronic PHI (ePHI). It covers:

  • Administrative safeguards (like staff training)
  • Physical safeguards (like secure facility access)
  • Technical safeguards (like encryption)

3. The Breach Notification Rule

Makes covered entities send notifications to affected persons and the government in case of PHI compromise.

Following the rules serves the safety of patients and helps the organization save fines and reputation loss.

What Makes a HIPAA Breach?

When a PHI is accessed or disclosed in some unauthorized way, it is considered a HIPAA breach. The most common offences may be:

  • Lost or stolen devices with unencrypted PHI
  • Misaddressed emails
  • Unauthorized employees are spying on patient files

Verizon’s annual analysis of cyberattacks in 2022 showed that over 82 percent of data breaches in 2021 occurred due to human error, which could be prevented with adequate awareness and measures.

How HIPAA Training Certification Helps Prevent Violations

Structured employee education is one of the best methods of ensuring PHI protection. HIPAA training certification helps to understand the necessary knowledge and steps to follow in order to adhere to the regulations.

ComplianceJunction is the top provider of HIPAA training. Their courses are specialized and based on real-life situations and existing regulations, which helps to minimize the chances of breaking the law.

Choosing accredited HIPAA training helps ensure regulatory standards are met.

Regardless of whether you are a single practitioner or a health care facility, knowing the rules is not sufficient; you must demonstrate you know them through continuous education and testing. 

HIPAA Training: What It Should Include

A well-designed HIPAA training should include: 

  • What qualifies as PHI
  • What is the best way of managing electronic information safely?
  • What to do in case of a possible breach
  • What are the indicators of a phishing or social engineering attack?
  • Responsibilities of both covered entities and business associates

The HIPAA Guide provides free HIPAA training that can be a good foundation to start in small practices or organizations that are not looking to spend a fortune on training their staff. They customize their training to different positions and levels of experience, which contributes to the fact that all staff employees understand their role in data security.

HIPAA Standards for Security: What You Need to Know

HIPAA security standards are especially relevant in the modern digital-first healthcare systems. Hackers often target electronic PHI (ePHI), as it often contains full identities: name, date of birth, medical history, insurance, and payment information.

IBM Cost of a Data Breach Report 2023 shows that healthcare breaches cost the industry an average of over 10.1 million dollars per breach. That is almost twice the price of breaches in other industries.

It is therefore crucial that any electronic platform that stores or transmits PHI is well secured. Look for:

  • Strong encryption
  • Access controls (such as specific logins of personnel)
  • Audit records that keep account of who has accessed (what and when)

How Does HIPAA Apply to Third-Party Vendors?

A lot of healthcare companies outsource some of their processes, be it cloud storage, billing, or customer service. HIPAA standards also have to be adhered to by these third parties, who are also referred to as “business associates”.

A Business Associate Agreement (BAA) must be signed between covered entities that ensures that the third party will:

  • Protect PHI in line with the HIPAA guidelines
  • Report of any breaches 
  • Train their workers about data handling

    The inability to vet these vendors may lead to shared liability if a breach happens.

Trust and Transparency Go Hand-in-Hand

When patients feel that their data is being managed in a proper way, they can easily share sensitive information. A recent survey by Software Advice revealed that 92 percent of patients are not willing to share health information in case they suspect their privacy to be compromised.

This demonstrates that HIPAA compliance is not only a check-box exercise, but the trust-building process as well. Adhering to HIPAA standards is one of the ways to gain credibility among patients as well as partners.

Why Ongoing Training Matters

HIPAA compliance is not a once-in-a-lifetime exercise. Technology evolves, threats change, and new employees are included in the team. Frequent training makes everyone informed and updated on the best practices.

Only before-and-after testing shows if HIPAA awareness has truly improved.

A high culture of compliance can be maintained through periodic reviews of policies, spot checks, and scenario-based training.

Conclusion

The compliance with the HIPAA standards revolves around understanding what PHI actually is. Whether it is passing information on a daily basis or using sophisticated data storage systems, all areas of contact with patient data should be secured at all times. Transparent training, safe systems, and well-educated employees are essential.

It does not matter whether you are a refresher or a novice; free HIPAA training provided by HIPAA Guide is a good way to create some awareness and avoid any costly errors.

Choosing accredited HIPAA training helps ensure regulatory standards are met.

By consistently acknowledging the rules, organizations can not only evade fines but also foster trust among patients.

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