HIPAA Compliant Call Recording

Daniel Lebovic
Published: May 20, 2020•Last Updated: July 15, 2024•Read Time: 2 min

Summary

Prioritize vendors that meet HIPAA safeguards and require a signed BAA before recording patient calls. Verify access controls with unique logins and minimum necessary permissions, audit controls to track PHI access, strong encryption for stored and transmitted recordings, and documented policies and procedures governing PHI handling. Understand the BAA's role in defining protections, assigning compliance responsibilities, and limiting liability between parties.

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Providers may want to record conversations that they have with patients to refer back to for treatment purposes. However, there are certain restrictions placed on recording protected health information (PHI). HIPAA compliant call recording is discussed below.

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What is Permitted for HIPAA Compliant Call Recording

To ensure HIPAA compliant call recording, covered entities should consider the protections that the recording service has in place. Covered entities have an obligation to maintain the confidentiality, integrity, and availability of PHI. As such, when choosing a call recording service, covered entities should look for the following:

  • Access Controls: Ensure that only authorized users have access to protected health information (PHI). HIPAA requires that covered entities adhere to the minimum necessary standard in regards to use and disclosure of PHI. As such, only employees that require access to complete a job function should be given access to PHI. Access controls are enabled through the use of unique login credentials. Each employee should be given unique login credentials that permit them to access only the PHI they need to perform their job responsibilities. 
  • Audit Controls: Monitors and tracks access to PHI. This ensures that covered entities adhere to the minimum necessary standard.
  • Encryption: Masks sensitive data by converting into a format that can only be read with a decryption key.
  • Policies and Procedures: For HIPAA compliant call recording, the call recording service should have policies and procedures to secure the PHI that they create, receive, transmit, store, or maintain on behalf of their covered entity client.
  • Business Associate Agreement: A business associate agreement (BAA) is required to be signed between a covered entity and their business associates before it is permitted to share PHI. Under the HIPAA Privacy Rule, call recording services are considered business associates, as such, for HIPAA compliant call recording, a business associate agreement must be signed before it is permitted to use the service. A BAA dictates the protections the business associate must have in place securing PHI. It also limits the liability of each signing party, as each party is responsible for monitoring and maintaining their own compliance.
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About the Author

Daniel Lebovic is the Corporate Legal Counsel and Content Editor at Compliancy Group. His extensive experience as a regulatory attorney, combined with his background as a legal writer, editor, and copy editor, uniquely qualifies him to translate healthcare regulations into easily digestible content that those with or without a legal background can understand.