HIPAA Compliance
HIPAA doesn't apply to forms themselves. It's how lactation consultants TRANSMIT the forms that matters for HIPAA compliance.
What is HIPAA?
The Healthcare Insurance Portability and Accountability Act (HIPAA) is a United States federal law protecting the ELECTRONIC recording, transmission, and storage of any Patient Health Information (PHI), such as name, address, phone number, Social Security number, medical records, financial information, and full face photos. HIPAA is managed by the Department of Health and Human Services and the Office for Civil Rights.
Are Lactation Consultants Required to Comply with HIPAA?
Yes. As a healthcare provider, Lactation Consultants are required to comply with HIPAA when they transmit any Patient Health Information (PHI) electronically, which every Lactation Consultant practice must do in one way or another.
How do Lactation Consultants Comply with HIPAA?
HIPAA compliance begins with making your clients/patients aware of your HIPAA policy and compliance by providing them with two documents:
1) Your HIPAA Privacy Notice clearly explaining their rights in plain language, and
2) Your HIPAA Privacy Agreement for their signature to confirm that they received your HIPAA Privacy Notice
Both of these forms are included in the LactForms Clinical Charting forms collection, available individually or in the Clinical Charting Forms package.
Maintaining your ongoing HIPAA compliance is about protecting your client/patients' electronic PHI. You're allowed to share (discuss/transmit) your client/patient's PHI with other healthcare providers, insurance companies, legal offices, and federal agencies for treatment, billing, and office management purposes, as long as you use reasonable safeguards (see links below).
Are LactForms HIPAA-Compliant?
It depends! LactForms are PDF documents, which are inherently electronic. But HIPAA only applies to completed (filled out) forms when they're transmitted or stored electronically.
Printable LactForms
Blank printable LactForms aren't subject to HIPAA.
HIPAA does NOT apply to the printable version if you only print it out, fill out the hardcopy printout, and store it in a paper file.
But HIPAA regulations DO apply if you scan the completed form or take a picture of it, because that transmits and stores electronic data.
Fillable LactForms
Blank fillable LactForms aren't subject to HIPAA.
HIPAA regulations DO apply when the fillable LactForm is completed (filled out) because the file is stored electronically even if it is never sent to anyone else.