• What Are HIPAA’s Requirements for Shredding Client and Patient Information?

    Patient confidentiality documents and medical stethoscope.

    The HIPAA Privacy Rule and Security Rule protect the privacy of our health information, setting clear guidelines for the secure disposal of protected health information (PHI). Its main goal is to keep PHI safe from both intentional and accidental disclosures, as improper disposal can lead to significant compliance issues.

    This article provides a comprehensive guide on HIPAA-compliant document destruction. We’ll walk you through the requirements for shredding paper and electronic records, discuss who must comply, and discuss what documents should be destroyed appropriately. You’ll also discover practical compliance checklists and explore various disposal methods beyond shredding.

    Understanding HIPAA’s Rules for Secure Document Disposal

    Organizations must follow HIPAA rules when disposing of PHI documents. There are two main rules: the Privacy Rule and the Security Rule.

     

    While the Privacy Rule requires organizations to have policies to protect PHI from being used or shared by accident or on purpose, the Security Rule focuses on protecting electronic PHI (ePHI). Organizations must implement policies and procedures to comply with both rules.

    What Does HIPAA Say About Shredding PHI?

    Shredding is just one option for safely disposing of documents containing private medical information. While HIPAA doesn’t specifically require shredding, it does emphasize that PHI must be made unreadable and irretrievable, as outlined in 45 CFR 164.530(c). Other effective methods for electronic records include burning, pulping, pulverizing, and degaussing.

    Who Must Comply with HIPAA’s PHI Disposal Rules?

    Proper medical document shredding and PHI disposal rules pertain to what HIPAA defines as covered entities: healthcare providers, insurance companies, and healthcare clearinghouses. Business associates or vendors who handle PHI, such as law firms, billing companies, and medical document shredding providers, are also responsible for following HIPAA-compliant shredding rules. All workforce members who handle PHI must receive training on disposal policies.

     

    What Documents Must Be Shredded Under HIPAA?

    What types of PHI records require proper disposal or strict medical document shredding? Additionally, how long are these records typically kept before they need to be destroyed? Let’s dive in below.

    Examples of PHI That Must Be Destroyed

    The main types of medical document shredding that must comply with HIPAA regulations include paper, digital, and labels or other forms of patient data. This encompasses paper documents, such as medical records, billing statements, prescriptions, and appointment schedules. It also includes digital records like electronic medical records (EMRs), scanned patient forms, insurance claims, labels on prescription bottles, and other patient data.

    How Long Should Medical Records Be Retained Before Shredding?

    According to HIPAA, there is no specific duration for retaining records before they can be shredded in a HIPAA-compliant manner. However, a minimum retention period of six years is directed. Some state laws may require records to be kept for a longer time.

    For example, in California, hospitals must retain adult patient records for seven years after the last discharge date. So, at the end of the day, state laws dictate how long medical records should be retained.

    HIPAA-Compliant Shredding vs. DIY Office Shredding

    For HIPAA-compliant shredding to occur, professional shredders or shredders that meet specific micro-cut standards for enhanced security are required. Therefore, standard office or typical at-home shredders are NOT enough. To learn more about professional shredding options and pricing, check out this article, “How Much Do Document Shredding Services Cost? A Comprehensive Guide.”

    Why Office Shredders Aren’t HIPAA-Compliant

    Office Shredders Aren’t HIPAA-compliant because they lack a secure chain of custody, which could expose documents before they’re shredded. Plus, they usually don’t provide a Certificate of Destruction for compliance. While high-security micro-cut shredders offer the most protection, they can be pricey. Professional medical record shredding like those offered by Midway Document Destruction can destroy these PHI documents quickly and at great volumes.

    What Makes a Shredding Service HIPAA-Compliant?

    For shredding services to be HIPAA-compliant, secure bins must be placed in offices for document collection. Whether you choose professional onsite or offsite shredding services, they must be done with full tracking. When using a third-party shredding company, there must be a Business Associate Agreement (BAA), and a Certificate of Destruction must be provided after every shredding session.

    Electronic PHI (ePHI) Disposal Requirements

    Always use HIPAA-approved methods to dispose of electronic PHI like hard drives, USBs, and backup tapes. Deleting digital data and thoroughly wiping systems clean is very difficult in today’s world.

    Why Deleting Files Isn’t Enough

    HIPAA’s Security Rule (45 CFR 164.310(d)(2)) requires that PHI documents be destroyed before disposal. Simply deleting files may not be sufficient, as data recovery tools can often retrieve them.

    Therefore, organizations must use secure disposal methods. Accepted methods for disposing of medical documents include shredding physical documents and utilizing data-wiping software for electronic files. This permanently erases information and complies with data protection standards.

    HIPAA-Approved Methods for ePHI Destruction

    Several effective methods can be used to secure the destruction of ePHI: Overwriting (clearing) replaces data with random patterns using software; degaussing involves using a magnetic field to erase data; and physical destruction includes shredding, incineration, melting, or disintegration.

    The Consequences of Improper PHI Disposal

    Organizations must ensure they comply with regulations regarding the secure disposal of PHI documents. Failing to do so can result in significant fines and penalties. Properly securing and destroying PHI is necessary for both the organization and the individuals whose information is involved.

    HIPAA Violation Fines for Improper Disposal

    Fines for violations can vary widely, from $100 to a substantial $50,000, based on negligence. The maximum annual penalty for HIPAA violations can reach up to $1.5 million per category, emphasizing how hefty these penalties are.

    Best Practices for HIPAA-Compliant Document Shredding

    To ensure that your business remains compliant, follow this helpful checklist of PHI disposal rules. These steps will help your organization consistently adhere to HIPAA-compliant document Disposal regulations.

    1. Perform a PHI inventory to identify documents that must be destroyed.
    2. Set up secure collection bins in your office for document disposal.
    3. Train staff on disposal procedures and document shredding policies.
    4. Partner with a NAID AAA-certified shredding provider.
    5. Keep a Certificate of Destruction for compliance records.

    Get Started with the Experts at Midway Document Destruction

    Don’t spend another moment worrying about your business’s compliance or putting your employees’ and patients’ information at risk. At Midway Document Destruction, we are not just experts—we’re passionate members of the Chicagoland community and happy to assist you.

    Our Document Destruction Division offers businesses a simple, convenient, and affordable way to manage paper recycling while fully adhering to HIPAA privacy laws.

    Additionally, we host live paper shredding events for our local community. These events have a nominal fee, and we provide our community with the lowest document destruction rates. Join us in protecting your information and reducing waste!