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Navigating HIPAA and GDPR: A Guide to Video Conferencing for Healthcare Professionals

9 min read

October 5, 2023

The demand for video call therapy and video chat therapy is growing rapidly, with more and more people seeking convenient and accessible mental health support. However, it is crucial to choose the right platform to ensure the privacy and security of patient information, as well as compliance with HIPAA regulations.

With the increasing acceptance and expectation of technology in healthcare, both health consumers and providers are becoming more discerning when it comes to video communication services.

Table of Contents

What is HIPAA in the context of video therapy?
Delving into HIPAA rules
Regulatory compliance standards for HIPAA: distinguishing covered entities and business associates
HIPAA compliance requirements for video conferencing
HIPAA vs. GDPR compliance: what's the difference?
Spotlight on HIPAA-compliant video conferencing software
How to use Digital Samba for therapy sessions?
Final thoughts

What is HIPAA in the context of video therapy?

In the context of video therapy, HIPAA compliance is essential to ensure the privacy and security of patient information. HIPAA, the Health Insurance Portability and Accountability Act of 1996, is a federal law that requires national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge. The HIPAA Privacy Rule regulates the use and disclosure of protected health information (PHI) by "covered entities". These entities include healthcare providers, health plans, and healthcare clearinghouses. The Security Rule protects electronic protected health information (e-PHI).

HIPAA compliance is especially important in telemedicine and virtual health, where patient information is transmitted electronically. Failure to comply with HIPAA regulations can result in severe civil and financial penalties.

Delving into HIPAA Rules

Overview of the core HIPAA rules that apply to telehealth

As a mental health professional, it's crucial to understand the Privacy Rule, Security Rule, Breach Notification, and Omnibus Rule to ensure the protection of your client's sensitive information.

Privacy rule

This rule sets national standards for protecting individuals' medical records and personal health information. In video therapy, this means ensuring that all communication between you and your client is secure and confidential. You must obtain consent from your client before disclosing their information to anyone else, including family members or other healthcare providers.

Security rule

This rule establishes national standards to protect electronic protected health information (ePHI) from unauthorised access, use, or disclosure. In video therapy, this means implementing administrative, physical, and technical safeguards to secure your clients' ePHI. Examples include using secure video conferencing platforms, encrypting data, and implementing strict password policies.

Breach notification

This rule requires healthcare providers to notify affected individuals and the Secretary of HHS in case of a breach of unsecured PHI. In video therapy, this means that if your client's ePHI is compromised during a session, you must notify them immediately and follow up with written documentation.

Omnibus rule

This rule updates the original HIPAA regulations and strengthens privacy and security protections for individuals' PHI. In video therapy, this means ensuring that your business associates (BAAs), such as video conferencing platform vendors, comply with HIPAA regulations. You must also update your Notice of Privacy Practices to reflect changes in technology and privacy laws.

The significance of maintaining these rules in video therapy

In the realm of video therapy, the digital nature of interactions amplifies the challenges associated with data protection. Adherence to these HIPAA rules ensures not only regulatory compliance but also fortifies the trust and confidence of participants.

Moreover, given the potential vulnerabilities of video platforms - from unencrypted data transfers to potential interception - it becomes paramount to integrate these HIPAA standards into the very architectural blueprint of video therapy platforms. This commitment reinforces the integrity of both the technological infrastructure and the therapeutic process.

Regulatory compliance standards for HIPAA: distinguishing covered entities and business associates

HIPAA regulations apply to two types of entities: covered entities and business associates.

What are covered entities?

Covered entities are individuals or organisations that collect, create, or transmit protected health information (PHI) electronically for transactions that the Department of Health and Human Services (HHS) has adopted standards. Examples of covered entities include:

Healthcare providers, such as hospitals, clinics, and private practices
Healthcare clearinghouses, such as billing services and community health information systems
Health insurance providers, such as health maintenance organisations (HMOs) and company health plans

Who are business associates?

Business associates are individuals or organisations that encounter PHI in any way over the course of work that it has been contracted to perform on behalf of a covered entity. Examples of business associates include:

Third-party administrators
Billing companies
Transcriptionists
Cloud service providers
Data storage firms
Electronic health record (EHR) providers
Consultants
Attorneys
Pharmacy benefits managers
Claims processors
Collections agencies
Medical device manufacturers

How these entities intersect in video therapy

In video therapy, covered entities and business associates must comply with HIPAA rules to ensure the privacy and security of patient information. Covered entities are responsible for guaranteeing their business associates are safeguarding protected health information. Occupational therapy staffing agencies, as business associates, must rigorously adhere to these standards, employing secure video conferencing tools to protect the sensitive data of patients they serve.

The contract between a covered entity and its business associate must be HIPAA-compliant. If a business associate breaches its contract, then it’s up to the covered entity to correct that breach or terminate the contract.

HIPAA compliance requirements for video conferencing

HIPAA compliance requirements for video conferencing are specific and must be followed by healthcare organisations to ensure the privacy and security of patient information during video therapy sessions. Here are some key requirements:

Business Associate Agreements (BAAs)

Covered entities must have a BAA with their video conferencing vendor to ensure that the vendor is also HIPAA-compliant. The BAA must outline the vendor's responsibilities for safeguarding patient information.

End-to-end encryption

Video conferencing platforms must offer end-to-end encryption to protect patient information from unauthorised access. End-to-end encryption ensures that patient information is encrypted from the point of origin to the point of destination.

Peer-to-peer connection

Video conferencing platforms must offer a direct peer-to-peer connection between the participants to ensure that patient information is not stored on the vendor's servers. A peer-to-peer connection ensures that patient information is transmitted directly between the participants.

Vendor access and audit trails

Video conferencing platforms must provide audit trails to track who has accessed patient information and when. The platform must also have a protocol in place to address accidental violations of HIPAA regulations.

Accidental violation protocol

Video conferencing platforms must have a protocol in place to address accidental violations of HIPAA regulations. The protocol must outline the steps that the vendor will take to correct the violation and prevent future violations.

The Future of Privacy: Exploring End-to-End Encryption (E2EE) in WebRTC

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In addition to these requirements, healthcare organisations should also consider best practices such as encryption, access control, and audit trails.

Encryption ensures that patient information is protected from unauthorised access.
Access control ensures that only authorised individuals can access patient information.
Audit trails provide a record of who has accessed patient information and when. These components work together to ensure the privacy and security of patient information during video therapy sessions.

HIPAA vs. GDPR compliance: what's the difference?

As a therapist, understanding the differences between HIPAA and GDPR compliance is essential, especially if you serve international patients. While both regulations focus on protecting sensitive data, there are key distinctions that impact video therapy. Here's a brief overview of GDPR and the main differences between HIPAA and GDPR, along with what you need to know when working with international patients.

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What is GDPR?

The General Data Protection Regulation (GDPR) is a comprehensive data protection law implemented by the European Union (EU) in May 2018. GDPR regulates the processing of personal data of EU residents, aiming to strengthen data protection and privacy rights. GDPR applies to all organisations operating within the EU, as well as those outside the EU that offer goods or services to, or monitor the behaviour of, EU residents.

Key distinctions between HIPAA and GDPR in terms of video therapy

Scope

HIPAA primarily governs healthcare providers, health plans, and their business associates in the United States. Conversely, GDPR has a broader scope, applying to all industries that process the personal data of EU residents.

Definition of personal data

HIPAA defines Protected Health Information (PHI) specifically, whereas GDPR adopts a more expansive definition of personal data, including any information relating to an identified or identifiable individual, such as names, email addresses, IP addresses, or medical information.

Consent

Both HIPAA and GDPR require consent from individuals before collecting and processing their personal data. However, GDPR introduces stricter conditions for obtaining valid consent, including explicit opt-in mechanisms and clear, plain-language explanations of data handling practices.

Data breach notifications

HIPAA requires notifications to affected parties and regulatory bodies within 60 days of discovering a breach. GDPR shortens this timeframe to 72 hours for reporting the breach to the relevant supervisory authority, and, if necessary, to the affected individuals without undue delay.

Cross-border data transfers

HIPAA permits cross-border data transfers to countries with adequate privacy protections. Under GDPR, organisations can transfer personal data outside the EU based on Standard Contractual Clauses, Binding Corporate Rules, certification under the EU-US Privacy Shield, or approved codes of conduct or certification mechanisms.

What therapists need to know if serving international patients

If a therapist is serving international patients, they must comply with both HIPAA and GDPR regulations. HIPAA only applies to covered entities and business associates within the US, while GDPR applies globally to any organisation that deals with the personal information of citizens of the EU.

Therefore, therapists must ensure that their video conferencing platform is HIPAA-compliant and GDPR-compliant to ensure the privacy and security of patient information during video therapy sessions.

As an example, Digital Samba is a platform that offers truly GDPR-compliant video calling API and video chat SDK and a HIPAA-compliant data centre, making it an excellent choice for GDPR & HIPAA-compliant video conferencing.

Additionally, if you already have your therapy web App set up on WordPress, Digital Samba offers a video chat WordPress plugin for embedded video conferencing, making it an excellent choice for therapists looking for a video conferencing platform that integrates with their WordPress website.

Spotlight on HIPAA-compliant video conferencing software

When choosing between various HIPAA-compliant therapy platforms, it is essential to ensure that it is HIPAA-compliant to ensure the privacy and security of patient information.

If you require HIPAA contact our team - at Digital Samba you get to work with truly GDPR-compliant E2E-encrypted group video conferencing platform with HIPAA-compliant data centres.

Here are some features to look for in HIPAA-compliant video therapy platforms:

The platform must offer a BAA to healthcare customers for the free version of the software.
The platform must offer end-to-end encryption to protect patient information from unauthorised access.
The platform must offer a direct peer-to-peer connection between the participants to ensure that patient information is not stored on the vendor's servers.
The platform must provide audit trails to track who has accessed patient information and when.

How to use Digital Samba for therapy sessions

Here are the steps to set up Digital Samba for therapy sessions:

Register for a Digital Samba account

Visit the Digital Samba website and sign up for an account. This will give you access to the necessary tools and features for hosting therapy sessions.

Configure your Digital Samba Rooms

Once you have your account, use the Dashboard to set up and customise your virtual meeting rooms. This will allow you to create a secure and personalised environment for your therapy sessions.

Prepare intake forms and informed consent

Before the session, have your clients fill out any necessary intake forms, including consent forms and emergency contact information. This will ensure that you have the required information and permissions to conduct Digital Samba therapy sessions.

Invite participants to the session

Send your clients the link to the Digital Samba counselling meeting room and any additional instructions they may need to join the session. You can also set up a simple registration requirement to track attendance and gather necessary information.

Start the Digital Samba counselling session

Once all participants have joined the meeting room, you can begin the therapy session. Use the features provided by Digital Samba, such as video conferencing, screen sharing, and chat, to facilitate effective communication and engagement with your clients.

Ensure patient data protection

Throughout the session, be mindful of maintaining the privacy and confidentiality of your clients' information. Follow best practices for data protection and HIPAA compliance to ensure a secure and safe therapy environment.

By following these steps, you can effectively set up and use Digital Samba for therapy sessions, providing a convenient and secure platform for your clients to receive the support they need.

You can explore more on how to use Digital Samba in our how-to guides section.

Final thoughts

The future of video therapy and telemedicine is bright, with more and more healthcare providers embracing the convenience and accessibility of remote care. As a therapist, it is essential to choose a secure, GDPR-compliant video conferencing tool like Digital Samba, whose data centres are HIPAA compliant to ensure the privacy and security of patient information during video therapy sessions.

By following best practices for data protection and HIPAA compliance, you can provide a safe and effective therapy environment for your clients, no matter where they are located. With the right tools and approach, video therapy can be a powerful and transformative tool for improving mental health outcomes and enhancing the quality of care for patients.

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