Discover What is Not a Covered Entity Under HIPAA in 2024

TL;DR:

• HIPAA Compliance: Understanding your status as a covered or non-covered entity is crucial for safeguarding electronic Protected Health Information (e-PHI).
• Covered Entities: Organizations like healthcare providers, health plans, and healthcare clearinghouses must comply with HIPAA regulations.
• Non-Covered Entities: Entities such as health social media apps, wearable devices, and certain personal health record vendors do not fall under HIPAA but should still protect sensitive health information.
• Business Associate Agreements (BAAs): BAAs are generally required for covered entities working with business associates; non-covered entities need them only if they handle PHI on behalf of a covered entity.
• Strac's DLP Solutions: Strac offers advanced Data Loss Prevention tools to help organizations meet HIPAA compliance, protect e-PHI, and mitigate risks associated with data breaches.

Navigating the difficulties of HIPAA compliance can be daunting, especially for organizations unsure of their status as covered entities. With the rise of health-related technologies, it’s crucial to understand who falls under HIPAA regulations and how to safeguard sensitive patient information. 

Strac's Data Loss Prevention (DLP) capabilities empower organizations to manage and protect electronic Protected Health Information (e-PHI) effectively. With features like automatic data discovery, real-time safeguarding, and advanced encryption, Strac ensures high data security and compliance, helping businesses navigate HIPAA requirements while minimizing the risk of data breaches and penalties.

What is Not a Covered Entity Under HIPAA

Non-covered entities under HIPAA are those that do not fall into the categories defined by the law. These include:

• Health social media apps (e.g., platforms that allow users to share health information but do not provide healthcare services).
• Wearable devices (e.g., fitness trackers like Fitbit that collect health data but do not transmit this information for healthcare transactions).
• Personal Health Record (PHR) vendors that do not engage in electronic transactions involving PHI.
• Providers without electronic records, such as some counselors who do not transmit health information electronically.

These entities are not subject to HIPAA regulations, although they are still encouraged to protect sensitive patient health information (PHI) they may collect or handle.

What is a HIPAA Covered Entity?

A covered entity under HIPAA is defined as any organization or individual that must comply with HIPAA regulations. There are 3 main categories of covered entities:

• Healthcare Providers: This includes hospitals, doctors, dentists, and any provider that transmits health information electronically in relation with a transaction for which HHS has adopted standards.
• Health Plans: This category cover health insurance companies, Medicare, Medicaid, and employer-sponsored health plans.
• Healthcare Clearinghouses: These are entities that manage nonstandard health information and convert it into standard formats for transmission between covered entities.

How to Check if You’re a Covered or Non-Covered Entity Under HIPAA

To determine whether your organization qualifies as a covered entity or a non-covered entity under HIPAA, you can utilize resources provided by the Department of Health and Human Services (HHS).

‎They have developed a Covered Entity Decision Tool which can guide you through the classification process based on your activities and the nature of your services. This tool will help clarify whether you engage in transactions involving PHI electronically, which is a key factor in determining your status.

Is a Business Associate Agreement (BAA) Required for Non-Covered Entities?

‎A Business Associate Agreement (BAA) is typically required for covered entities when they engage business associates—entities that execute functions on behalf of the covered entity that encompass the use or disclosure of PHI. Non-covered entities generally do not need to enter into BAAs unless they are acting as business associates for a covered entity. If they do not handle PHI or their access to PHI is incidental, then a BAA is not necessary.

How Strac Can Help with HIPAA Compliance

Strac provides enterprise-class DLP capabilities - integral to SaaS companies seeking and maintaining HIPAA compliance. Mechanisms like automatic data discovery and classification, real-time data safeguard, advanced encryption and tokenization, and detailed audit trails facilitate SaaS companies in creating administrative, physical, and technical safeguards required by HIPAA.

Easy integration, scalability, and proactive risk management capabilities are all features that give the platform an ideal form of solution to be utilized by businesses looking to enhance their position on data security and ensure regulatory compliance.

A SaaS company, armed with Strac's comprehensive solutions in DLP, can avoid or minimize the risk of penalties from violations while protecting its e-PHI confidential information from unauthorized access or data leaks.

‎Conclusion

Understanding HIPAA compliance is key in healthcare. It protects health info but not all groups are covered. Knowing what is not a covered entity under HIPAA is crucial for determining your responsibilities.

There are exceptions to HIPAA rules, like for personal use or research under certain conditions. Schools and worker's comp don't have to follow HIPAA. The HHS set these rules to keep personal health info safe.

New tech brings new challenges. Things like fitness trackers and health social media don't follow old HIPAA rules. This means we need to keep checking how we protect health info.

Use Strac's DLP solutions to make your data security better and support compliance. Focus on HIPAA compliance to keep your business safe, protect sensitive data, and be in the light of regulations.