Maintaining HIPAA-compliant records in your electronic medical records (EMRs) can help you avoid fines and penalties. It can also help your practice interoperate with electronic health records (EHRs) from other providers, which makes the care you deliver to your clients better.
Are Electronic Medical Records Interoperable?
Typically, EMRs are only accessible in one medical office. Electronic health records, on the other hand, are interoperable between doctors’ offices as long as they have the authorization to view—and sometimes modify or add—the electronic protected health information (ePHI) in the file.
Electronic medical records can interoperate with other business management software, like CRM, RCM, and telehealth platforms, that are all used in a single office. EMRs can also interoperate with EHR programs at other offices. Sunwave’s HIPAA-compliant EMR platform works seamlessly alongside other patient data functions at your office to keep sensitive data secure, track important information, and create clean claims when it’s time to bill.
HIPAA Rules for Electronic Medical Records
HIPAA comprises two main rules that affect how EMRs should operate: The Privacy Rule and The Security Rule.
The Privacy Rule
PHI in any form—physical or electronic—is protected under The Privacy Rule. It’s probably the most widely known HIPAA rule, as it’s what protects PHI from being disclosed to anyone without authorization. Most healthcare providers, even those who do not use EMR or EHR programs, must comply with The Privacy Rule.
The Security Rule
Electronic PHI is also protected under The Security Rule. The Security Rule helps minimize the risk of cyber-attacks and data loss that can happen when a healthcare practice uses an EMR and/or EHR program.
A third rule, The Enforcement Rule, holds providers accountable by imposing fines and investigating if they do not comply with the privacy and security rules. Knowledge of these guidelines and regular compliance checks can ensure that your practice is staying above board.
HIPAA Security Requirements for EMRs
Providers and practices that use EMRs can focus on five main areas to promote HIPAA compliance:
Access
Only authorized users should have access to ePHI. EMR systems should have registered users who must log in with distinct usernames and passwords. These users can be designated roles, which can be used to determine the “minimum necessary” information they’re allowed to see per patient, in accordance with HIPAA.
There should also be procedures for accessing ePHI in emergency situations, including what an emergency situation might look like and who should get access during one.
Some other features can make access even safer. EMR platforms can have automated logoff functions that kick users who rack up a certain amount of inactive time. Encryption is another nice feature that makes it harder for bad actors to access information on secure servers if they don’t have login information.
Audit Controls
Keeping data secure requires systems that handle ePHI to have audit tracking systems that record activity by user. This allows administrators to see who viewed, modified, and/or deleted any files so they can take action if needed.
Integrity
Maintaining unmodified files—and tracking any modifications made—ensures that patient records are accurate and complete, especially when they’re accessed by more than one person in an office. Digital signatures and checksum verification allow team members to verify who modifies documents and when.
How your practice deletes data is just as important as how it’s maintained. Incomplete or accidental destruction of data can compromise the quality of care delivered and can put patient privacy and safety at risk. Guidelines about how and when to completely destroy data can help you avoid compromised records.
Authentication
Since only authorized users can access ePHI, they should be authenticated within the system to verify their identities. Username/password combinations can authenticate users, but other methods like biometrics or security tokens are often more secure.
Transmission
When sending ePHI between two sources, it needs to remain secure and only accessible to the people involved in the transmission. Just like ePHI stored in a serve or program, transmissions like emails or chats should ensure that the data received is the same as what was sent—and it should be encrypted, which minimizes the chance for data to be leaked during a hacking event.
Other Compliance Requirements
Some states have stricter laws regarding the handling, release, and communication of protected health information—especially sensitive PHI. State and federal laws can change frequently, so staying up-to-date with the current laws in the state where you operate is best. Generally, ePHI is protected by HIPAA, and few state laws exist that make it more secure.
State-specific laws tend to restrict access even more to records containing information about:
- Behavioral and mental health treatment
- Drug and alcohol use
- Sexually transmitted and/or infectious diseases
- Genetic testing
- Cancer
HIPAA sets the floor for PHI protection. This means that when a state law is more restrictive, HIPAA will not override it. Your practice should comply with the most restrictive laws where you operate to ensure your patients’ data is well-protected.
Interoperability and Compliance in the Value-Based Care Model
Interoperability is a major component of value-based care. Value-based care requires providers to focus on the entire population they serve, improving the patient experience and their outcomes. In the behavioral healthcare space, for example, reducing relapse rates, improving treatment adherence, and making care more accessible, is more aligned with the value-based care model.
Since the value-based care model considers whole populations and the effectiveness of the treatment they receive, interoperability plays a major role. Providers who can share and receive compliant information—health records that are not individually identifiable are compliant with HIPAA—can improve their treatment methods based on data. More providers (especially those in hospital networks) are finding value in this, but smaller operations often face challenges, including just being able to share interoperable data among clinics under the same brand.
Just like HIPAA promotes privacy and security, the HITECH Act takes it a step further. HITECH promotes interoperability while drilling down on HIPAA compliance. It makes fines for violating HIPAA rules steeper, and during the first few years, it incentivized providers to adopt certified EHR programs.
What Is a HIPAA-Compliant EMR?
An EMR that can be configured to keep patient data secure—as spelled out by HIPAA—is compliant. Sunwave Health is a HIPAA-compliant EMR program that interoperates with other business management software in the same platform. Designated user roles ensure that team members see only the minimum necessary information, secure messaging allows for simple communication, and cloud-based hosting makes your information accessible when you need it, safeguarded when you don’t.
Plus, Sunwave’s EMR is interoperable with EHR systems. You can share and receive compliant information with other clinics in your network or with other providers your clients see for care. Better results for your clients mean better results for your practice. Call 561.576.6037 or schedule a demo to learn more.
Frequently Asked Questions
What is the difference between an electronic medical record (EMR) and an electronic health record (EHR)?
An EMR is a medical record stored electronically for use by a single provider’s office. An EHR is a medical record shared amongst multiple providers, sometimes in different networks.
Are all electronic medical records automatically HIPAA compliant?
Not necessarily. At the end of the day, a provider is responsible for maintaining HIPAA compliance. EMR programs should be regularly tested and audited for compliance.
What are the main HIPAA security requirements for EMRs?
EMRs should have:
- Authorized users with unique login information
- Audit tracking systems
- Designated user roles with minimum necessary information sharing
- Data encryption
- Secure messaging and transmission options
- User authentication
Can multiple staff members share the same login credentials for an EMR system?
No. Users need unique login credentials for audit tracking and information-sharing purposes. EMRs track who modified or deleted information and designate user roles to ensure data reaches the right eyes.
What are the risks of using an EMR that is not fully interoperable with an EHR?
An EMR that’s not interoperable with an EHR may not be able to share patient information that is compliant or usable within another system. It also might not be able to receive usable information to inform treatment options.
What are the consequences of failing to comply with HIPAA regulations when using EMRs?
Violating HIPAA regulations, whether with EMRs or paper records, can result in serious fines and penalties. Fines range from $100–$250,000 and criminal charges can result in up to 10 years in prison.
