How to Secure Patient Data During Phone Calls: Best Practices for HIPAA Compliance

Ready to build better conversations?

Simple to set up. Easy to use. Powerful integrations.

Get free access

The Health Insurance Portability Act—or HIPAA for short—enacted in 1996, establishes the national standards for safeguarding sensitive information. It applies to healthcare providers, health plans, and any businesses handling such data, also called Protected Health Information (PHI).

Every year, businesses that fail to comply with HIPAA regulations face catastrophic consequences. In 2023 alone, the Department of Health and Human Services settled 13 cases involving HIPAA violations, resulting in over $4 million in fines. 

In healthcare, protecting patient data during phone calls is critical to maintaining trust, as well as to ensuring compliance with legal and ethical standards. Aircall offers a customer communication and intelligence platform designed with HIPAA compliance in mind, incorporating end-to-end encryption, secure data storage, and reliable access controls.

To further your understanding, this comprehensive guide will cover what HIPAA regulations require, the penalties for non-compliance, and ways you can ensure your business remains compliant when communicating over the phone.

Understanding HIPAA Compliance and Its Relevance to Phone Communications

The HIPAA establishes national standards for protecting individuals’ medical records and other personal information. It covers multiple forms of communication to guarantee the confidentiality and security of sensitive data during the interaction.

Permissible Disclosures via Phone

HIPAA’s privacy rule sets strict boundaries on the use and disclosure of PHI, mandating that covered entities like healthcare providers, health plans, and clearinghouses implement safeguards to protect patient information across all mediums, including phone calls.

HIPAA permits covered healthcare providers to share PHI for treatment purposes without patient authorization, but only under certain conditions. For example, a doctor may discuss a patient’s condition over the phone with another physician involved in the patient’s care. However, reasonable safeguards need to be applied to protect that information from inadvertent use or disclosure. 

Reasonable Safeguards

Important parts of the process entail verifying the identity of individuals before disclosing PHI over the phone and making sure the conversations occur in private settings to prevent unauthorized access. 

For instance, when discussing patient health information orally with another provider in the proximity of others, a doctor may be able to reasonably safeguard the information by lowering their voice.

Additionally, the minimum necessary standard mandates that only the essential information required to fulfill the purpose of the communication be disclosed.

Audio-Only Telehealth Services

The U.S. Department of Health and Human Services has outlined how HIPAA regulations allow covered healthcare providers and health plans to use remote communication technologies for audio-only telehealth services. Specifically, it specifies that any phone system transmitting electronic PHI must comply with the HIPAA Security Rule safeguards to protect patient data.

However, if a covered entity is using a standard telephone line or traditional landline to provide audio-only telehealth services, that same rule does not apply because the information transmitted is not electronic. 

An individual can receive these communications using any system they choose and they aren’t bound by HIPAA rules when doing so, but businesses should take extra precautions to make sure they stay within the guidelines.

What are the Penalties for Non-Compliance?

Failure to adhere to HIPAA standards can result in a number of headaches. Most significantly, not complying with HIPAA can lead to stiff penalties, both civil and criminal, regardless of the medium through which PHI is mishandled, including phone calls. 

The penalties are structured into tiers based on the nature and extent of the violation, as well as the entity’s level of culpability.

Civil penalties and their accompanying fines are broken down into four tiers:

• Tier 1 – This applies when the covered business associate was unaware of the violation and could not have reasonably avoided it. Penalties range from a minimum of $141 to a maximum of $35,581 per violation.

• Tier 2 – This applies when the violation is due to reasonable cause but not willful neglect. Penalties range from a minimum of $1,424 to a maximum of $71,162 per violation.

• Tier 3 – This applies when the violation results from willful neglect but is corrected within 30 days. Penalties range from a minimum of $14,232 to a maximum of $71,162 per violation.

• Tier 4 – This applies when the violation results from willful neglect and isn’t corrected within 30 days. Penalties range from a minimum of $71,162 up to a maximum of $2,134,831 per violation.

In some cases, HIPAA violations can also be criminal. In these instances, penalties are much more severe and can include jail time for offenders held liable. Jail time can range anywhere from one to ten years.

Best Practices for HIPAA-Compliant Phone Communications

As you can see, making sure your healthcare organization complies with HIPAA when communicating over the phone is vital—not just for protecting the privacy of your patients, but also for avoiding costly penalties down the line.

To that end, here’s how you can always ensure HIPAA-compliant phone communications.

1. Obtain Patient Consent

Obtaining patient consent is a foundational requirement for HIPAA compliance in phone communications. Depending on the nature of the call, consent can be implied or explicit.

If a patient provides their phone number, it generally implies consent to receive calls or texts for healthcare-related purposes, such as appointment reminders or test results. However, it is still advisable to inform patients about the communications they might receive and offer options to opt out.

For non-standard communication, such as marketing or automated calls, explicit written consent from the patient is necessary.

2. Use HIPAA-Compliant Phone Services

Using appropriate phone services is essential for securing electronic PHI and staying compliant with regulations. 

Use phone services with end-to-end encryption and secure data transmission to protect PHI during phone calls. When using third-party telecommunication services, make sure a signed business associate agreement is in place to confirm that the vendor abides by the HIPAA standards.

3. Manage Voicemail and Messaging Appropriately

Voicemails and text messaging require extra care to maintain HIPAA compliance, as they can be accessed by unintended recipients.

When leaving voicemails, limit information to essential details like requesting a callback, without revealing specific medical information. For text messaging, avoid sending PHI via unsecured SMS. If text communication is necessary, use secure messaging platforms that are compliant with HIPAA standards.

4. Train Staff Regularly

Regular training is another important best practice to inform staff about HIPAA requirements and how they should behave over the phone. For example, you may want to:

• Provide periodic training sessions on HIPAA rules

• Identity verification procedures

• Secure communication protocols

• Reinforce knowledge with case studies or examples of non-compliance

Helping your staff through education and showing them how to use the right healthcare call center software will mitigate the risks and make it easier for your healthcare organization to stay compliant.

5. Document Policies and Procedures

Comprehensive documentation of communication policies is critical for maintaining accountability and consistency in HIPAA compliance, and clear guidelines are the key. 

Establish and document protocols for handling phone communications, including verifying identities, leaving voicemail messages, and using secure tools. Make these guidelines accessible to all staff as a written reference to demonstrate due diligence in the event of audits or investigations.

6. Leveraging Secure Technology for HIPAA-Compliant Phone Calls

Ensuring the security of phone calls is critical for maintaining patient privacy and meeting HIPAA compliance standards. Technology plays a central role in protecting sensitive information during calls, offering solutions that enhance security while improving operational efficiency. 

Aircall, a customer communication and intelligence platform system used in modern healthcare settings, provides robust features that support HIPAA compliance and safeguard patient data. One key feature is end-to-end encryption, which ensures that all phone conversations are securely transmitted, protecting electronic Protected Health Information (ePHI) from unauthorized access. This level of encryption is crucial for meeting the stringent security requirements outlined by HIPAA. 

Secure call recording is another vital tool. 

Aircall allows healthcare organizations to record calls while ensuring that these recordings are stored securely and only accessible to authorized users. This feature not only aids in maintaining compliance but also serves as a valuable resource for: 

• Training

• Quality control

• Dispute resolution

Additionally, Aircall’s audit trails enable healthcare organizations to track and monitor who accessed patient information and when. This feature provides a transparent record of all activities related to phone communications, ensuring accountability and compliance with HIPAA’s documentation and reporting requirements. 

By integrating these advanced security features, Aircall helps healthcare organizations manage sensitive patient data effectively, ensuring they remain compliant with HIPAA regulations while enhancing workflow efficiency. With secure technology at the core, healthcare providers can confidently protect patient privacy, reduce administrative burdens, and improve the overall quality of care.

How Aircall Helps Secure Patient Data During Phone Calls

Maintaining the security of patient data during phone communications is an essential aspect of HIPAA compliance. Implementing best practices—such as using secure communication channels, training staff on proper protocols, and regularly documenting call procedures—helps protect sensitive information and maintain patient trust.

Aircall offers a customer communication and intelligence platform designed with strong security measures in place to assist healthcare providers in safeguarding data over phone communications. End-to-end encryption, HIPAA-compliant security and privacy features, and integration with healthcare tools allow healthcare organizations to stay compliant with and avoid penalties.

To find out how Aircall can help secure patient data during phone calls, start your free demo today.

Sources: 

Dmclawllc. HIPAA Enforcement 2023: A Year in Review

https://dmclawllc.com/2024/02/09/hipaa-enforcement-2023-a-year-in-review 

HHS.gov. Health Insurance Portability and Accountability Act of 1996.

https://aspe.hhs.gov/reports/health-insurance-portability-accountability-act-1996

US Dept. of Health and Human Services. Summary of the HIPAA Privacy Rule.

https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html 

US Dept. of Health and Human Services. Does the HIPAA Privacy Rule permit a doctor, laboratory, or other health care provider to share patient health information for treatment purposes by fax, e-mail, or over the phone?

https://www.hhs.gov/hipaa/for-professionals/faq/482/does-hipaa-permit-a-doctor-to-share-patient-information-for-treatment-over-the-phone/index.html 

US Dept. of Health and Human Services. Minimum Necessary Requirement.

https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/minimum-necessary-requirement/index.html 

The HIPAA Journal. What are the Penalties for HIPAA Violations?

https://www.hipaajournal.com/what-are-the-penalties-for-hipaa-violations-7096 

HIPAA Guide. What are the HIPAA Telephone Rules?

https://www.hipaaguide.net/hipaa-telephone-rules/ 

US Dept. of Health and Human Services. Guidance on How the HIPAA Rules Permit Covered Health Care Providers and Health Plans to Use Remote Communication Technologies for Audio-Only Telehealth.

https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/hipaa-audio-telehealth/index.html 

Telehealth.org. Best Practices for HIPAA Compliant Communication in Healthcare. https://telehealth.org/best-practices-for-hipaa-compliant-communication-in-healthcare 

Published on December 24, 2024.