Pathology/Lab Coding Alert

Question: What are the HIPAA rules regarding using a fax to transmit lab test results?

California Subscriber

Answer: You’re responsible for protecting outbound faxes. Establish a validation procedure, so that if a patient asks you to fax them something, you can determine whether it is an authentic request.

Regarding incoming faxes, once a fax becomes electronic, it is considered electronic protected health information (ePHI). When you change the format, you’re required to develop proper access controls so that only authorized users can see that document.

Best practice: You should store faxes on a central server where users have the ability to know that the intended fax recipient actually received the information. Ensure that the server is well secured and protected. If you’re using an outside vendor, make sure the vendor is HIPAA-compliant.

“The covered entity must have a written business associate contract or other arrangement with the business associate that establishes specifically what the business associate has been engaged to do and requires the business associate to comply with the Rules’ requirements to protect the privacy and security of protected health information. In addition to these contractual obligations, business associates are directly liable for compliance with certain provisions of the HIPAA Rules,” HHS Office for Civil Rights (OCR) says.

Bottom line: Having procedures in place to ensure that you send faxes to the right place is critical. Additionally, when you receive an electronic fax, be sure it has the same protections as the rest of your ePHI.