![]() ![]() Document a scribe’s HIPAA training certificate before onboarding. But if the service supplies scribes who will work exclusively on your healthcare organization’s EHR and no ePHI is transmitted to the service provider, then only the individual scribe would be required to sign a BAA. If a scribe service provider uses proprietary software to connect with the physician or receives ePHI at any point, the scribe service provider must sign a BAA to ensure that its platform is HIPAA-compliant. Require the business associate to use appropriate safeguards to prevent a use or disclosure of ePHI other than as allowed by the contract.State that the business associate will not use or further disclose the ePHI other than as permitted or required by contract or by law.Contain a description of the permitted and required uses of ePHI.Therefore, healthcare providers must have either the scribe service provider or each individual scribe sign a BAA before granting access to any ePHI. At a minimum, the BAA should: HIPAA requires that a CE have a Business Associate Agreement (BAA) in place with any BA that has access to ePHI. Obtain a Business Associate Agreement with the scribe or the scribe service. If a scribe service claims it is HIPAA-compliant but provides no details on how it maintains compliance, it may be unwise to use that service without first receiving satisfactory assurances that it will adequately safeguard your patients’ ePHI. Review the scribe service’s website to see what, if any, measures the vendor has implemented to comply with HIPAA. Virtual Scribe HIPAA Compliance Tips Determine the steps the scribe service has taken to become HIPAA compliant. Healthcare organizations can use the following risk management tips when selecting a virtual medical scribe to reduce their chances of being penalized for a scribe’s HIPAA violation and to reduce liability exposures. In addition to HIPAA concerns, healthcare organizations also should be aware of the unique liability risks that virtual medical scribes may pose. Before choosing a service, it is important to understand the level of supervision that will be required and the tasks that scribes can and can’t perform. However, CEs also can be penalized for a BA’s HIPAA violations if it is determined that the CE failed to duly vet or monitor the BA. To avoid such HIPAA risks, it is imperative that healthcare organizations confirm before hiring that the scribe or scribe service has implemented adequate safeguards to protect ePHI. ![]() That means virtual scribes, like any other BA, can face penalties if they fail to implement adequate administrative, physical and technical safeguards as required by the HIPAA Security Rule. HIPAA and Liability Risks Associated with Virtual Medical Scribesīecause virtual medical scribes qualify as a business associate (BA) of a covered entity (CE), virtual scribes are required to adequately safeguard ePHI under HIPAA. This article highlights the potential HIPAA and cybersecurity liability risks associated with employing virtual medical scribes and outlines the measures healthcare organizations can take to mitigate such risks. While many healthcare organizations still use traditional medical scribes who accompany the physician, some organizations now are employing virtual medical scribes who observe physicians remotely.Īlthough the cost benefits and flexible schedules of virtual medical scribes are attractive to many healthcare organizations, some may wonder whether such benefits are outweighed by the potential HIPAA and liability risks that might arise from granting a virtual scribe access to their patients’ EHR, which contains electronic Protected Health Information (ePHI). Traditionally, medical scribes would physically accompany physicians to their appointments to document the patient’s records. Using a medical scribe can significantly reduce the amount of time a physician spends documenting a patient’s electronic health record (EHR). Medical scribes are professionals who document patient encounters and physician dictation into a patient’s medical records. Consider conducting regular cybersecurity training for all medical scribes hired.Train all healthcare providers on how to use the medical scribes’ services effectively and appropriately.Ensure that your healthcare practice has an up-to-date Business Associate policy or consider implementing MagMutual’s sample policy.Healthcare organizations must know how to utilize them appropriately to minimize liability. Although virtual medical scribes offers healthcare providers many benefits, this shift comes with challenges and risks. ![]() The push to develop electronic health records and more detailed patient documentation has led to the use of virtual medical scribes. ![]()
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