Compliance with Healthcare Laws

Technology systems such as telemedicine, remote patient monitoring, and electronic health records have become increasingly popular. Complying with technology laws and regulations is critical for service providers with the increased dependence on technology. With technology integration in health care solutions, providers can deliver better patient care, streamline operations, and manage patient data effectively. However, this increased dependence on technology puts more burden on healthcare providers to remain vigilant in protecting patients’ personal data by complying with healthcare laws.

In the US, the federal and state governments have promulgated laws that address the significance, security, and privacy of the patient’s health information. The laws cover every healthcare provider, health plan, and health business dealing with patients’ health information. Under the laws such as Health Insurance Portability and and Accountability Act, 1996 (HIPPA), the health care providers are required to appoint a privacy officer who shall oversee, develop and guide them regarding the policies and procedures to safeguard the patient’s health data. Also, the healthcare provider should only grant access to patients’ information within what is absolutely necessary.

Otherwise, the security of the health data may get compromised. After patient care, safeguarding their sensitive health information is vital. In order to do so, technical security measures like strong passwords, lock and security cameras, and automatic logoffs must be implemented in keeping electronic health records. Ignoring these security measures exposed 42 million users’ data to security breaches between March 2021 and February 2022. To avoid such data breaches and safeguard the patient’s health, information compliance measures like encryption must be implemented. Health care organisations can no longer just rely on firewalls, rather they have to bring in new technologies to thwart today’s sophisticated perpetrators. Apart from data breaches, every year, $7 billion of US taxpayers’ money is being stolen from the US healthcare industry due to non-compliance. If healthcare providers keep the health records up to date according to the standards set by the Office of the National Coordinator for Health Information and Technology (ONC), a significant amount of losses can be saved. The Centers for Medicare and Medicaid Services require healthcare providers to attest to the accuracy of the data when participating in incentive programs like Medicare and Medicaid incentive programs. The authorities set out these measures to ensure patients’ sensitive personal and health-related information remains safe, secure, and free from unnecessary access.

Similarly, in the United Kingdom (UK) and European Union (EU), several laws deal with the protection of healthcare information. With the increased use of electronic health records, the number of cyberattacks on health information is also increasing. UK data protection laws such as UK GDPR and the Health and Social Care Act, 2012 put special emphasis on health information and require the concerned personnel to use such information for other than treatment purposes only if the patient agrees. Once the patient’s consent is acquired, other measures like trained staff must be deployed in processing the data, processing must comply with the security requirement required under the laws, and a secure way of communication must be used. In a survey conducted by PwC, 67% of respondents suggested that staff training on data security can reduce data compromises significantly. Moreover, a report by Health Care and Information and Management Society (HIMSS) Cybersecurity revealed that 60% of security breaches result from unencrypted modes of communication such as email. These incidents can be minimised by complying with the data processing requirement set out in the GDPR and other data protection laws. To ensure compliance with data protection laws, the National Institute for Care and Excellence (NICE) requires each healthcare provider to provide an annual report on their compliance with the health and data protection laws and NICE guidelines. NICE guidance on information governance covers issues such as data security, information sharing, and ensuring that patients know their rights to access their personal information.

Overall, the rise in the use of technology in the healthcare industry has put more burden on health businesses to ensure the privacy and safeguard of patients’ health information. Laws like the GDPR, the Data Protection Act of 2018, and the Health Insurance Portability and Accountability Act require strict compliance to ensure the protection of health information. Healthcare providers must comply with those requirements. Otherwise, they may face legal consequences and penalties.

Lex Bridge is a boutique law firm specialising in regulatory compliance and risk management services. With our in-depth knowledge of healthcare regulatory laws and risk management and using our comprehensive database we can provide your business with the guidance it needs to stay compliant and minimise potential legal exposure. We take pride in our commitment to excellence, integrity and client satisfaction and we work tirelessly to ensure your business is well positioned in the regulatory landscape. Our clients and services are spread at a global level, primarily from USA; EU; UK and MENA states.​

This article is provided for informational purposes only and does not constitute legal advice.