Questions are always coming up about how health care practices can be compliant with HIPAA and other legal requirements when utilizing electronic medical records, digitized practice management software and/or online forms.
Question: Is a handwritten signature required for HIPAA compliance? Answer: Currently, no standards exist under HIPAA for electronic signatures. HIPAA rules recommend that electronic transfers of personal health information and access to it are protected by encryption and authentication.
Question: What is an electronic signature and is it valid? Answer: In the Federal ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT [ESIGN Act] of June 30, 2000, Sec 106 (5) states: ELECTRONIC SIGNATURE.—The term ‘‘electronic signature’’ means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.
UNIFORM ELECTRONIC TRANSACTIONS ACT (1999) [UETA] SECTION 7. LEGAL RECOGNITION OF ELECTRONIC RECORDS,ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS.
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
Question: What if I want to have a patient’s signature on the HIPAA notice and on their other electronic records? Answer: SPF’s works with a company that will provide electronic pads on which the patient can sign when they are in the office, and the signature is biometrically secured and bound to the document.