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HIPAA's 15-Day Rule: Balancing Speed and Security in Healthcare's Highest-Risk Year

Written by Editorial Team | Nov 26, 2024 5:53:41 PM

The Department of Health and Human Services (HHS) is tightening HIPAA requirements at a critical moment for healthcare security. With 386 cyber-attacks on healthcare organizations already reported in 2024, the industry is on track to match or exceed 2023's record-breaking breach numbers. Against this backdrop of escalating threats, HHS's June announcement brings a dramatic change: Patient record request response times must be cut in half, from 30 days to just 15.

For healthcare providers already battling a surge in data theft and ransomware attacks, this accelerated timeline adds new complexity to an already challenging security landscape. The mandate to move faster while maintaining ironclad protection of patient data has never been more critical – or more difficult.

What Are The Top Level HIPAA Changes?

After significant cultural and legislative changes, HIPAA is getting a facelift. After finalizing rules born from COVID-19 and the legislative shakeup in reproductive rights, HHS is tightening regulations to oil the healthcare machine and be precise about what is and isn’t covered.

  • Time limits: Covered entities must provide access to PHI within 15 days, with the ability to request an extension of 15 days max. (The previous timing was 30 days).
  • Patient rights: Patients now have the right to view, inspect, and take pictures of their PHI in person, as well as request it to be sent to personal health apps.
  • Fees: Providers/entities are required to display fee schedules for access to PHI on their websites.
  • Changing definitions: The definition of “healthcare operations” has been expanded to encapsulate phrases relating to reproductive care and care coordination.
  • Substance use disorder: Adjusted consent protocol to allow single consent for future instances of disclosure of medical records, among other things.
  • Personal representatives: Healthcare providers can choose not to treat a patient/share medical information with a medical representative if they suspect neglect or abuse.
  • Compliance deadline: HIPAA-covered entities must comply with most of the new regulations, as they will begin enforcement by December 23, 2024.

Certain changes like the PHI request turnaround time were proposed in 2021, while those related to reproductive rights and protocol were proposed in 2024. While proposed at different times, the majority of these rules are expected to be complied with in December.

You can read the rules in full on the Federal Register:

The Need for Speed (and Security) in Healthcare

With covered entities being asked to move faster, HIPAA’s still making it clear: You need both velocity and vigilance. Under the new requirements, organizations still must:

  • Track every move with audit trails of disclosures of PHI
  • Navigate both federal law and state laws without missing a step
  • Document all privacy practices and security standards along the way

Here’s what caught our eyes: With HIPAA's new 15-day timeline for patient record requests, providers need to move at twice their previous pace. But speed can't come at the cost of security. While HIPAA technically lists encryption as an "addressable" requirement, let's be real: In 2024, encryption is non-negotiable for daily data transmission, whether it’s email, file-sharing, or app use. Healthcare breaches and ransomware attacks are skyrocketing, remote work is the norm, and patient data flows between more systems and providers than ever before.

The risks to unencrypted PHI aren't hypothetical – they're immediate and growing.

Virtru: Fast Meets Fortified

This is where Virtru comes in. We've built our encryption solution specifically to address healthcare's dual needs for security and speed. You need:

  • A lightning-fast response system that doesn't drop the ball
  • Access controls that enable you to take action if someone sends PHI to the wrong person
  • Physical safeguards and technical safeguards that move with the data
  • Eagle-eye tracking of every piece of PHI, complete with detailed audit logs
  • Seamless integration with your existing business processes

By integrating directly with Gmail and Microsoft Outlook, Virtru lets your team protect PHI right from their existing email workflows – no portals, no workflow disruption, just seamless security for stronger compliance.

Our end-to-end encryption goes beyond standard TLS, protecting PHI from the moment it's created through every share and forward. Plus, with automated content rules, you can detect and encrypt PHI before it leaves your domain, letting your teams focus on patient care while knowing sensitive data stays protected.

Put Control Back in Your Hands

Just like a pilot needs complete control of their aircraft, covered entities need total command over their sensitive information. With Virtru, you can:

  • Revoke or expire access to emails and files containing PHI, instantly
  • Disable forwarding even after data is opened or shared
  • Automatically watermark confidential attachments
  • Maintain control of PHI long after it leaves your system
  • Set expiration dates for disclosures of PHI

Stop Data Leaks Before They Happen

Think of Virtru’s built-in HIPAA Security Rules pack (available with some Virtru subscriptions) as your early warning system. They automatically:

  • Scan messages and attachments for PHI
  • Apply encryption and technical safeguards
  • Configure privacy practices automatically
  • Alert users to potential HIPAA violations

HIPAA Covered Entities: Ready to Hit the Ground Running?

For covered entities managing health care information in this new fast lane, you need more than just speed - you need a partner who can help you fly while keeping your security firmly grounded.

Virtru customers in healthcare have already tried it so you don’t have to. Here’s what they have to say.

“Google's endorsement of Virtru gave us confidence in our choice," Hwang remarked. "We knew we needed a solution that could handle the stringent requirements of HIPAA, and Virtru fit the bill perfectly.”

"Just having data encrypted point-to-point doesn't solve the problem. If that's all it took, then Gmail, Google Workspace, and Office 365 would be sufficient. The real issue is, ‘What do you do when you send PHI to the wrong person?’ Virtru is a minimal expense for the security and safety it provides.”

"Between Virtru’s email security and the Virtru Secure Share integration for Zendesk, our most common and highest-volume collaboration workflows can remain secure."

Discover even more HIPAA and healthcare case studies with Virtru

Let Virtru show you how to move faster while staying safer. Contact us for a demo of HIPAA-compliant email and file-sharing in action.