17 Jun HIPAA Rules for Mailing Medical Records: What Legal & Insurance Teams Need to Know
Book a Demo TodayAs a legal or insurance professional, you know how important it is for your team to get access to medical records to resolve cases and claims related to disability, medical malpractice, and personal injury. But accessibility to these sensitive medical records comes with strict regulatory requirements.
The Health Insurance Portability and Accountability Act (HIPAA) sets the rules for handling, sharing, and mailing medical records. These rules safeguard patients’ rights and privacy, with violations attracting penalties of up to $2 million.
Beyond that, violations can also lead to reputational damage and lost trust with clients. But this doesn’t need to be the case. Below, we explore HIPAA rules for mailing medical records to ensure legal and insurance organizations stay compliant.
Why Medical Records Are Still Mailed—and the Risks Involved
While electronic transmission of records is more common, mail is still a preferred option for certain record types and specific circumstances. For instance, industries like law and healthcare rely on physical records for legal authenticity and regulatory compliance. Physical records are generally more authoritative than digital copies in legal matters, as original documents are unlikely to have alterations.
Additionally, some providers still rely on paper-based systems, meaning they’re more likely to mail medical records when requested. Mail is also the default option for patients who haven’t consented to electronic delivery.
However, mailing physical records comes with several risks, including a lack of tracking, misdelivery, delays, and unauthorized access or tampering. Physical records are also susceptible to unauthorized access, leading to increased risk of HIPAA violations for insurers and legal teams.
HIPAA: Mailing Medical Records Compliance Basics
Under the HIPAA Privacy Rule, covered entities must deliver protected health information (PHI) in the manner requested by an individual. For instance, if an individual requests PHI delivery through mail, a covered entity must deliver the records in that format.
HIPAA considers e-mail and mail to be readily producible, meaning all covered entities must be able to transmit PHI by e-mail or mail. An entity must also have reasonable procedures to ensure the secure mailing of PHI medical records. This includes:
- Using address verification to ensure the correct details on labels
- Placing records in a sealed envelope with only the patient’s name and address on the label or cover
- Implementing logging procedures to keep track of all PHI-related activities
When mailing medical records, HIPAA recommends using First Class mail, as it’s a fast and reliable option for personal and sensitive documents. For higher security and accountability, teams can use certified mail, which offers tracking and proof of delivery.
What Legal and Insurance Teams Must Do to Stay Compliant
While legal and insurance teams are not covered entities under the HIPAA rules, there are reasonable safeguards they must implement to stay compliant and protect patients’ PHI.
For example, your legal or insurance team must:
- Avoid overstuffing envelopes when mailing medical records
- Use letter envelopes or self-mailers instead of postcards
- Mail records via First Class mail or certified mail
- Avoid using plastic or windowed envelopes
- Verify all names, addresses, and contact details before mailing records
These steps are essential to avoid a breach in mailed medical records, potentially leading to fines and other penalties. A breach in patient information can happen through various means, such as improper labeling, incorrect addresses, poor packaging, and inadequate data security measures.
Additionally, legal teams must maintain a chain of custody for medical records to ensure data integrity and authenticity. This medical record management involves:
- Thorough documentation
- Secure handling and processing
- Effective tracking from retrieval to court presentation
On the other hand, insurers must limit access to records relevant to the claim and ensure proper handling and storage of consented records. Only authorized personnel must access and process medical records during packaging and mailing.
Secure Mailing vs. Secure Digital Retrieval: What’s the Better Option?
When insurance claims and legal cases require access to medical records, teams have two options: secure mailing and secure digital retrieval. Both prioritize data confidentiality and HIPAA compliance, but one might be preferred depending on specific circumstances and needs.
For instance, mailing takes 1 to 5 days to deliver medical records, while secure digital retrieval can provide access in hours. This reduced transit time ensures teams have the records they need to build winning cases and process claims quickly.
Secure digital retrieval also offers direct access, limiting the number of people involved in handling and processing medical records. This reduces the risk of unauthorized access and creates a log for comprehensive record request tracking.
Still, mailing records is a feasible option when dealing with older records, complex legal requirements, and insecure digital alternatives.
How a Medical Record Retrieval Partner Helps Mitigate Risk
Legal and insurance teams can mitigate the risks of mailing medical records by working with a medical retrieval partner. The right service:
- Has access to an extensive database of healthcare providers and facilities to ensure timely delivery.
- Handles mailing with HIPAA-trained staff and employs compliant procedures to guarantee data integrity and authenticity.
- Tracks record delivery and ensures meticulous documentation for legal admissibility.
- Saves time and protects firms from regulatory exposure through HIPAA and PCI-compliant procedures and servers.
Legal and insurance teams need to focus on building strong cases and streamlining claim processing—not record retrieval, which takes significant time. Partnering with a medical record retrieval solution ensures secure access to crucial records in a fraction of the time for the fastest results.
Take Control of HIPAA-Compliant Record Delivery
The success of personal injury and medical malpractice cases and claims relies on access to medical records. While mailing offers timely access to these documents, it often comes with unique risks, like delays and unauthorized access, potentially violating HIPAA rules for mailing medical records.
A HIPAA-compliant medical record retrieval service offers a better alternative.
The right partner streamlines the process of medical record retrieval for lawyers and insurance companies, providing your teams with the information they need to settle claims and build strong court proceedings. That’s what American Retrieval does, ensuring fast turnaround times for record delivery, seamless request tracking, and HIPAA-compliant record storage.
Work with American Retrieval to ensure secure, compliant delivery every time.
Sources:
The HIPAA Journal. What are the Penalties for HIPAA Violations? https://www.hipaajournal.com/what-are-the-penalties-for-hipaa-violations-7096/
HHS. Individuals’ Right under HIPAA to Access their Health Information 45 CFR § 164.524. https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/index.htmlHHS. Summary of the HIPAA Privacy Rule. https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html