Digital Samba English Blog

The Importance of HIPAA-Compliant Video Conferencing for Therapists

Written by Digital Samba | 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

  1. What is HIPAA in the context of video therapy?
  2. Delving into HIPAA rules
  3. Regulatory compliance standards for HIPAA: distinguishing covered entities and business associates
  4. HIPAA compliance requirements for video conferencing
  5. HIPAA vs. GDPR compliance: what's the difference?
  6. Spotlight on HIPAA-compliant video conferencing software
  7. How to use Digital Samba for therapy sessions?
  8. 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.

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:

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.

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

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:

  1. The platform must offer a BAA to healthcare customers for the free version of the software.
  2. The platform must offer end-to-end encryption to protect patient information from unauthorised access.
  3. 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.
  4. 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:

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.