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Protecting Healthcare Data and Avoiding Cybersecurity Risks

In today’s digital age, protecting sensitive patient data and minimizing healthcare cybersecurity risks are essential responsibilities for healthcare practices. With private data at stake, keeping accurate and secure records is not just a best practice; it is a legal and ethical duty. 

Beyond data security, healthcare providers must also ensure that they are continuously complying with the Healthcare Insurance Portability and Accountability Act (HIPAA) laws and other legal requirements.

Our experienced healthcare data attorneys specialize in the legalities surrounding medical data protection. They can provide individualized guidance on electronic health records best practices and following ethical industry requirements. 

Why Healthcare Data Protection Is Necessary

As a healthcare provider, the health and well-being of your patients should be at the top of your priority list. This includes protecting sensitive patient data and avoiding cybersecurity risks that might expose private information. 

Regularly backing up and securing healthcare practice records ensures data integrity and reduces disruptions from system failures or cyberattacks. Detailed and thorough recordkeeping and documentation allow healthcare practices to track patient care, financial transactions, and regulatory compliance.

Standard Guidelines Apply Across All Business Entities

Even after selecting a specific business entity, such as a corporation, LLC, or partnership, continuously overseeing your entity’s legal and operational framework is essential. To avoid penalties or legal issues in your practice, you must meet these important compliance obligations:

  • Adhering to corporate governance protocols. Following internal procedures, like holding regular meetings, recording minutes, and complying with operating agreements or bylaws.
  • Complying with data privacy laws. Follow regulations such as HIPAA to protect patient data and ensure sensitive information is securely stored and transmitted. 
  • Conducting internal audits. Perform routine internal audits to identify and address any compliance issues before external inspections. 
  • Filing annual reports. Submit timely and accurate reports required by state and federal laws to ensure your practice remains active. 
  • Maintaining accurate financial records. Keep detailed records of financial transactions, including expenses, payroll, and tax filings, to ensure transparency and accountability.
  • Maintaining licenses. Make sure all necessary licenses and certifications for both your practice and staff remain current and properly documented. 
  • Monitoring regulatory changes. Stay informed about changes in healthcare laws and industry standards to adjust policies and procedures accordingly
  • Renewing business registrations. Update business registrations and permits as required by local, state, and federal authorities.
  • Renewing insurance coverage. Regularly review and renew business insurance policies, including liability, malpractice, and cybersecurity coverage. 

What Happens If Your Practice Shuts Down?

If a practice shuts down, it must handle patient medical records in compliance with legal requirements. Patients should be informed about the closure and should receive instructions on how to request or transfer their records to another provider.

Practices must follow state and federal laws regarding the retention of records, typically retaining them for several years before getting rid of them securely. An experienced healthcare data lawyer can ensure your practice is abiding by your local state laws.

When transferring medical records from one practice to another, it is important to get written consent from the patient and their lawyer, specifying which records will be transferred and to whom. The transfer must be done through secure methods and should be documented for future reference.

Tips To Avoid Cybersecurity Risks

Here are some electronic medical records best practices that ensure patient information remains private and safe. 

Implement Dual Authentication

Access to sensitive patient information should be restricted to authorized personnel only. Protect confidential data by requiring staff to use two-factor authentication and strong, unique passwords when accessing secure systems. If an employee changes roles or leaves the organization, be sure to update access permissions.

Prioritize Regular Training

Make sure that all staff members receive regular training on cybersecurity best practices, data privacy laws, and compliance protocols. Well-informed employees will be able to recognize potential threats, follow proper procedures, and keep sensitive patient information secure. 

Strengthen Network Security

Use firewalls, antivirus software, and intrusion detection systems to monitor and block suspicious activity. Regularly update all software and operating systems to fix potential security problems. Use secure Wi-Fi networks with strong encryption and always use strong passwords for added safety.

Backup Data Regularly

Set up an automated data backup schedule. This will help restore important information if there is a cyberattack or system failure. Store backups safely, both on-site and in the cloud. 

Speak to a Healthcare Data Attorney

At Fenton Jurkowitz Law Group, our team of seasoned healthcare data lawyers is highly knowledgeable in HIPAA regulations and patient data security. With extensive experience, our attorneys can help ensure your organization complies with all relevant guidelines to prevent cyberattacks and potential legal complications. Connect with a healthcare attorney today by filling out the contact form on our website.