EMAIL TO PATIENTS MAY BE AFFECTED BY FINAL HIPAA OMNIBUS RULE

By September 23, 2013 dental practices that use “covered transactions” via electronics, such as filing a claim with a third party or using a clearinghouse for credit charges or billings on behalf of the practice, were to be in compliance with the new HIPAA omnibus rule.  There are many new regulations in this final rule, and dentists would be wise to consult qualified legal counsel for advice about whether the practice is a “covered” entity that must comply with all the minutiae included in the new omnibus ruling.

One far-reaching example of additional regulation involves email with patients.  If a practice is a “covered” entity, a patient requesting an electronic copy of his or her records or other information must be told of the risk that an unencrypted email might be accessed by an unauthorized third party.  In short, patients have a right to be informed of your practice privacy standards and the risks involved in electronic communications. Although the practice would not be responsible for the email once it is en route electronically, the practice is responsible for having informed the patient of risks and for having addressed the patient’s email correctly.

Many other such details in the omnibus ruling make compliance with HIPAA regulations more complicated than ever.  The American Dental Association is offering an updated “Complete HIPAA Compliance Kit (J598) with detailed information on compliance with the new omnibus ruling.  More information is available at adacatalog.org or from the ADA Member Service Center, 1-800-947-4746.