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See our related article, “What Is ‘Training’ For Compliance Purposes?”
Furthermore, simple and effective technology tools can be massively helpful. For example, healthcare practices can use email platforms with built-in encryption to strengthen the security of email communications. They can also use password managers to keep logins secure. Many of the most effective safeguards start with basic tools and well-established habits.
For tips on improving your data security, see our related article, “Turning HIPAA Requirements into Easy, Accessible Security Steps.”
Small practices should also conduct basic risk assessments at least once a year. These don’t have to be fancy; they can be a basic, well-documented review of the following:
- Where is PHI stored, used, or shared?
- Who has access to the PHI?
- Are there any weak spots that risk a breach?
- For each weak spot, how likely is it to lead to a breach, and how severe would the damage be?
- What can be done to reduce the risks?
A risk assessment will not only help you identify potential issues. It may also help you find areas for improvement.
Get Legal Support
Jackson LLP provides legal services to healthcare professionals and practices in various states, regardless of whether they practice in a rural or urban setting. If you operate in a state where we have licensed attorneys, schedule a consultation with us today to discuss how we can assist with your ongoing HIPAA obligations.
This blog is made for educational purposes and is not intended to be specific legal advice to any particular person. It does not create an attorney-client relationship between our firm and the reader. It should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.
Free Attorney Consultation
See our related article, “HIPAA Compliance: Why Written Policies and Procedures Are Not Optional.”
In addition, it is essential to train workforce members. Even basic training, such as recognizing phishing emails, avoiding the use of public Wi-Fi networks when working on patient matters, and using strong passwords can make a big difference. OCR has various training materials to support your efforts.
See our related article, “What Is ‘Training’ For Compliance Purposes?”
Furthermore, simple and effective technology tools can be massively helpful. For example, healthcare practices can use email platforms with built-in encryption to strengthen the security of email communications. They can also use password managers to keep logins secure. Many of the most effective safeguards start with basic tools and well-established habits.
For tips on improving your data security, see our related article, “Turning HIPAA Requirements into Easy, Accessible Security Steps.”
Small practices should also conduct basic risk assessments at least once a year. These don’t have to be fancy; they can be a basic, well-documented review of the following:
- Where is PHI stored, used, or shared?
- Who has access to the PHI?
- Are there any weak spots that risk a breach?
- For each weak spot, how likely is it to lead to a breach, and how severe would the damage be?
- What can be done to reduce the risks?
A risk assessment will not only help you identify potential issues. It may also help you find areas for improvement.
Get Legal Support
Jackson LLP provides legal services to healthcare professionals and practices in various states, regardless of whether they practice in a rural or urban setting. If you operate in a state where we have licensed attorneys, schedule a consultation with us today to discuss how we can assist with your ongoing HIPAA obligations.
This blog is made for educational purposes and is not intended to be specific legal advice to any particular person. It does not create an attorney-client relationship between our firm and the reader. It should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.
Free Attorney Consultation
Small and rural practices are held to the same HIPAA requirements as larger ones. We break down the most common weak spots and offer a few simple ways to start addressing them.
Healthcare practices in small or rural towns often serve communities with limited access to larger hospitals or specialists and are crucial to their communities. However, because they often lack the resources to implement robust HIPAA protocols, they put themselves at risk of a privacy or security breach. While larger healthcare practices may be able to recover from enforcement action for HIPAA violations, the costs and administrative burdens may deal small or rural practices a fatal blow.
Challenges for Small and Rural Practices
Lean Staffing Makes Compliance Harder
One common barrier to HIPAA compliance in small or rural settings is limited staffing. Many of these practices operate on tight budgets and have fewer employees than they need. With staff already stretched thin, it can be hard to devote time to the detailed procedures that HIPAA requires.
It’s also more challenging to provide regular training, even though that’s a key part of compliance. Without enough education, team members are more likely to make mistakes, such as clicking on phishing emails or storing sensitive information in unsecured ways.
Technical Challenges Create Vulnerabilities
HIPAA requires strong technical safeguards to protect electronic health records. But rural practices may struggle with poor internet access, making it harder to back up EHR data or use cloud-based tools reliably.
Outdated systems pose another threat. Older software often lacks the defenses needed to block modern hacking techniques or malware. Once a system becomes obsolete, its developer usually stops releasing security updates, making it more vulnerable to attacks over time.
Professional Help May Be Hard to Access
Practices that are far from a population center may also have trouble finding professional support for HIPAA compliance. IT security consultants and healthcare attorneys might not be locally available. This makes it harder to get advice on evolving threats, state-specific rules, or how to respond after a breach.
Some practices rely on outdated templates or informal guidance, but that can leave serious gaps in their compliance plan. They may rely on outdated or incorrect advice.
HIPAA Enforcement Against Rural Practices
Although small and rural practices may face significant challenges in their HIPAA compliance, they are not exempt from its privacy and security obligations. The US Department of Health and Human Services enforces HIPAA through its Office for Civil Rights (OCR). If a healthcare practice, big or small, is the subject of a data breach or patient complaint, OCR can investigate and take action, including imposing penalties and requiring corrective action.
Over the years, OCR has investigated and fined small practices for failing to comply with HIPAA obligations. These failures include not having written policies, not conducting risk analyses, forgoing workforce training, and failing to provide patients with access to their healthcare records in a timely manner.
Through its enforcement actions, OCR has consistently shown that small healthcare practices are not immune to scrutiny. If a healthcare practice, no matter how big or small, fails to comply with clear HIPAA regulations, it will be subject to OCR’s enforcement actions.
How Small Practices Can Improve HIPAA Compliance
OCR’s fines or other enforcement actions can be crippling for smaller or rural healthcare practices. So what can they do?
To start, any practice that is a covered entity must create a written HIPAA policies and procedures manual. This document describes how you protect patient records, including physical and technical safeguards. Having a clear set of policies and procedures is key to HIPAA compliance, as it fulfills a requirement and creates a roadmap for your efforts.
See our related article, “HIPAA Compliance: Why Written Policies and Procedures Are Not Optional.”
In addition, it is essential to train workforce members. Even basic training, such as recognizing phishing emails, avoiding the use of public Wi-Fi networks when working on patient matters, and using strong passwords can make a big difference. OCR has various training materials to support your efforts.
See our related article, “What Is ‘Training’ For Compliance Purposes?”
Furthermore, simple and effective technology tools can be massively helpful. For example, healthcare practices can use email platforms with built-in encryption to strengthen the security of email communications. They can also use password managers to keep logins secure. Many of the most effective safeguards start with basic tools and well-established habits.
For tips on improving your data security, see our related article, “Turning HIPAA Requirements into Easy, Accessible Security Steps.”
Small practices should also conduct basic risk assessments at least once a year. These don’t have to be fancy; they can be a basic, well-documented review of the following:
- Where is PHI stored, used, or shared?
- Who has access to the PHI?
- Are there any weak spots that risk a breach?
- For each weak spot, how likely is it to lead to a breach, and how severe would the damage be?
- What can be done to reduce the risks?
A risk assessment will not only help you identify potential issues. It may also help you find areas for improvement.
Get Legal Support
Jackson LLP provides legal services to healthcare professionals and practices in various states, regardless of whether they practice in a rural or urban setting. If you operate in a state where we have licensed attorneys, schedule a consultation with us today to discuss how we can assist with your ongoing HIPAA obligations.
This blog is made for educational purposes and is not intended to be specific legal advice to any particular person. It does not create an attorney-client relationship between our firm and the reader. It should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.
