Issue link: https://www.massageandbodyworkdigital.com/i/259468
it have storage and transmission encryption solutions? Are unique user identification and password required to access files? Does it have up-to-date virus and spyware countermeasures? There are many features that can help protect the security of electronic information, but whether or not you use these features to operate a HIPA A-compliant practice is dependent on you, not the software. On the other hand, software can be a tool to help support your policies and practices, and protect your data. ERIN: Right, much like a pencil is a tool. Nobody would ask if a pencil is HIPA A compliant. A pencil isn't going to run out and reveal information on its own, yet the person using the pencil can commit a breach by not following policies and procedures. CINDY: Great example! Also, if you are not a covered entity, using any given software or web-based service will not turn you into a covered entity. This is why it's important to seek legal advice in order to confirm what, if any, legal obligations you have based on the types of services you perform. An attorney can help you determine whether you are transmitting health information electronically in connection with a business activity covered by the HIPA A Transaction Rule, and/or whether you are providing a service for (or on behalf of ) a covered entity that makes you its business associate. ERIN: Cindy, this has been a great, albeit complex discussion. Though, I have to wonder, does it really matter what we say? business honesty CINDY: Along with professional codes of ethics for maintaining confidentiality, massage therapists are bound by the ethics of honesty in business. Marketing ourselves as HIPA A compliant when we're actually referring only to privacy and confidentiality would not only be against our code of ethics for the profession, but would ultimately do more harm than good in the goal of being respected by other health- care professionals. As I mentioned earlier, misrepresenting ourselves in this matter could also put therapists at risk of being held accountable in an enforcement action. Massage therapists are very concerned with educating their clients about the physical and mental benefits of massage therapy, and spend a lot of time learning and discussing massage protocols. We should be spending equal energy educating ourselves on the legal aspects of running a business. Making sure the business side of our practice is up-to-date and accurate will allow us to stay in business long enough to educate our clients and help them for years to come. It's important to emphasize that the HIPA A law is very complex and we could never make it crystal clear in a short article. Also, we do not hold ourselves out as legal counsel experienced in this area of the law. We encourage all massage therapists to do further reading on the government website www.hhs. gov/ocr/privacy, and if they have questions we suggest they consult with an attorney who is well-versed in HIPA A. There are also companies that specialize in training procedures to maintain compliance for those who fall under the category of a covered entity or business associate. YOUR PRACTICE & HIPA A Cindy Iwlew is cofounder of Bodywork Buddy Massage Software and an authorized instructor of Ashiatsu DeepFeet Bar Therapy. She has researched HIPAA in regard to software and discussed it in depth with an attorney as part of her role at Bodywork Buddy. Contact her at cindy@bodyworkbuddy.com and read her blog at www.bodyworkbuddy.com. Erin Howk, BS, BCTMB, is a HIPAA Compliance Officer at a chiropractic office in Minnesota. She has received HIPAA training from HIPAA Compliance Services and Mayo Health Systems. Both authors are massage therapists with years of experience running their own businesses and care deeply about the profession and their colleagues. Still have questions? Visit www.hhs.gov/ocr/privacy or consult an attorney who is well-versed in HIPAA. I t p a y s t o b e A B M P C e r t i f i e d : w w w. a b m p . c o m / g o / c e r t i f i e d c e n t r a l 89