5 Most Common HIPAA Mistakes Solo Providers Make and How to Fix Them

As a solo provider, managing every aspect of your practice is no small feat. From clinical work to a myriad of administrative tasks, your plate is full. However, one area where mistakes can be costly is in maintaining HIPAA compliance. Many therapists that think all you need to do to be HIPAA compliant is do their best to keep client info confidential, get releases of information signed when sharing info and…basically just use common sense. Unfortunately, that’s not enough. HIPAA has some very specific requirements for implementing administrative, technological and physical safeguards for client data and you have to be able to demonstrate it that you actually have them in your practice when audited. While this is not an exhaustive list by any means, here are the top five mistakes solo providers make in regards to HIPAA and ways to fix them.

1. Not Having a Written HIPAA Compliance Plan

A written HIPAA compliance plan is a foundational requirement for any healthcare practice. This plan should outline your policies and procedures for handling protected health information (PHI). Many solo providers either don’t have a written plan or rely on outdated templates that don't reflect their practice's specific needs.

How to Fix It: Develop a tailored HIPAA compliance plan or update your existing one. The plan should include guidelines for privacy, security, breach notification, and patient rights. Consider using a HIPAA Simplified™ Compliance Kit designed specifically for solo providers to streamline this process.

2. Lack of Regular HIPAA Training

HIPAA requires that all staff members, including solo providers, receive regular training on compliance policies and procedures. Unfortunately, this is often overlooked, especially for solo practitioners who may not see themselves as needing formal training.

How to Fix It: Schedule annual HIPAA training sessions for yourself and any staff members. There are many online courses available that are both affordable and comprehensive. Make sure to document your training as proof of compliance!

3. Using Non-Compliant Communication Tools

Texting or emailing patients without considering HIPAA regulations can be a significant risk. Using non-secure platforms can expose PHI to breaches, leading to hefty fines and compromised patient trust.

How to Fix It: Use secure, HIPAA-compliant communication tools for texting, emailing, and telehealth services. Many practice management software solutions offer built-in secure messaging features.

4. Inadequate Documentation and Record-Keeping

Failing to keep thorough records of HIPAA-related activities, such as staff training, risk assessments, releases of information, and patient communication, is a common mistake. These records are essential for demonstrating compliance if you are ever audited.

How to Fix It: Keep organized records of all compliance-related activities. Use digital tools to store documentation securely, ensuring they are easily accessible when needed.

5. Overlooking Business Associate Agreements (BAAs)

Any third party that handles PHI on your behalf, such as billing services or cloud storage providers, must sign a Business Associate Agreement (BAA). Many solo providers either neglect this step or assume that a paid subscription is sufficient.

How to Fix It: Review all your vendor relationships to ensure BAAs are in place. If a vendor cannot provide a BAA, it may be time to find a new partner who can.

Conclusion

Staying HIPAA compliant as a solo provider may seem daunting, but addressing these common mistakes can significantly reduce your risk. Taking proactive steps such as creating a compliance plan, undergoing regular training, and using secure communication tools will not only protect your practice but also build trust with your patients.

About the Author

Iryna Arute, Psy.D., is a Licensed Clinical Psychologist and business consultant for helping professionals. She specializes in supporting solopreneurs in creating HIPAA-compliant practices and offers resources such as the HIPAA Compliance Kit for Therapist Solopreneurs through Healing Pathways Counseling & Consulting PLLC.