Are healthcare providers required to review faxed health records that they received?

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HIPAA Covered Entities may be subject to civil money penalties and criminal penalties for HIPAA violations.

HIPAA stands for Health Insurance Portability and Accountability Act of 1996.

HIPAA Covered Entities (CEs) are healthcare providers who conduct certain financial and administrative transactions electronically with PHI (Ex: Healthcare providers who submit claims electronically), Health Plans, and Health Care Clearinghouses.

PHI stands for Protected Health Information. It is any data in any form or medium, containing at least one HIPAA identifier, created, received, transmitted, or stored by covered entities, business associates and their subcontractors. The relationship with health information is essential.

Business Associates (BAs) use or disclose Protected Health Information (PHI) while they provide services to, or on behalf of a HIPAA Covered Entity (CE) and are not members of the HIPAA Covered Entity's workforce.

Business Associate Agreements (BAAs) or Contracts outline how the HIPAA Covered Entity (CE) and the Business Associate (BA) will handle the confidentiality, privacy, security, and integrity of Protected Health Information (PHI) involved.

Thus, a Business Associate Agreement (BAA) or Contract is required between a HIPAA Covered Entity (CE) and a Business Associate (BA); and between a Business Associate and its Subcontractors.

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MLJ CONSULTANCY LLC
- Jan 18, 2021
- 1 min read

Are healthcare providers required to review faxed health records that they received?

Updated: Mar 20, 2021

Scenario: A private practice has multiple providers. In a very short period of time, the providers received multiple faxed health records for patients they have not seen in years.

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Are healthcare providers required to review faxed health records that they received?

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