Hipaa Laws: Do Animals Fall Under Patient Privacy Laws?

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that establishes strict confidentiality requirements for the protected health information (PHI) of human patients. While people may regard themselves as pet parents, HIPAA sees them as pet owners, meaning that their pets are considered property. As such, HIPAA does not apply to animals, and veterinarians are not required to follow HIPAA rules when handling animal medical records or information. However, this does not mean that veterinarians are exempt from protecting their patients' sensitive information, and they are ethically and legally obligated to maintain the confidentiality of their patients' health information. In addition, while there is no overarching federal statute governing veterinary care records, at least 33 states have laws regulating the confidentiality of such records to varying degrees, with most deeming them privileged and confidential and forbidding their release without written authorization.

Veterinary practices and privacy laws

While the Health Insurance Portability and Accountability Act (HIPAA) does not apply to veterinary practices, there are other privacy laws and regulations that govern the handling of animal medical records and information. Here are some key considerations for veterinary practices regarding privacy laws:

State Laws and Regulations

At least half of the US states have laws regulating the confidentiality of veterinary care records to varying degrees. These laws generally deem veterinary records as "privileged and confidential" and prohibit their release without written authorization from the pet owner. For example, in Kentucky, a veterinarian is legally obligated to obtain written authorization from the pet owner before releasing any information. Similarly, the Texas Veterinary Practice Act allows the release of veterinarian records only with the authorization of the pet owner or in compliance with a court order.

Exceptions to Confidentiality

It is important to note that there are exceptions to the confidentiality of veterinary records in certain situations. These include cases where a subpoena or court order is involved, or when public health, safety, or research is a concern. For instance, some states may allow the release of records to other veterinarians, police, animal control officers, humane societies, or public health officials without the explicit consent of the pet owner.

Industry Standards

Organizations like the American Veterinary Medical Association (AVMA) set industry-specific rules and standards for handling animal health information. These rules cover data security, informed consent, and communication with clients. By adhering to these standards, veterinary practices can ensure they are meeting ethical and professional obligations.

Adapting HIPAA Guidelines

Although not directly governed by HIPAA, veterinary practices can still adapt the underlying principles of confidentiality and privacy outlined in the legislation. This includes implementing comprehensive privacy policies, securing electronic records, training staff on patient confidentiality, and maintaining physical security protocols for records and facilities.

Protecting Personal Information

Veterinary records often contain sensitive personal information about the pet owner, such as their address, contact details, and financial information. It is crucial for veterinary practices to safeguard this data from potential technology breaches and natural disasters. This can be achieved through various security measures, such as limiting employee access to client information, regularly changing passwords, using secure cloud storage, and implementing encryption and firewall protection.

In summary, while there is no federal law equivalent to HIPAA specifically for veterinary practices, state laws, industry standards, and ethical obligations provide a framework for protecting the privacy and confidentiality of animal medical records. By understanding and adhering to these privacy laws, veterinary practices can ensure they are meeting their legal and ethical responsibilities.

Animal medical records and human families

While the Health Insurance Portability and Accountability Act (HIPAA) does not apply to animals, it is important to consider the implications of animal medical records on their human owners. Animal medical records can include sensitive information about their human families, such as addresses, phone numbers, identification details, and financial information. This information is vulnerable to data breaches and must be protected.

Veterinarians and animal hospitals are responsible for safeguarding the private information of both the animals in their care and their human families. This includes implementing measures to protect electronic and paper records from unauthorized access or destruction. By doing so, they can maintain client trust and ensure the quality of care.

To protect the confidentiality of animal medical records and the personal information of their human families, veterinary practices can:

• Limit employee access to client information and change passwords and access rights when employees leave.
• Use strong passwords with symbols and numbers and implement multi-layered security software, firewalls, and anti-virus protection.
• Utilize encryption software and regularly update security software and operating systems.
• Use remote wiping software for lost or misplaced devices and choose a reliable cloud provider for data storage.
• Implement physical security measures for paper records, such as using a document destruction/shredding company.

In addition, obtaining informed consent from pet owners is crucial. Veterinarians should inform clients about how their pets' information will be used and shared, respecting their preferences for communication channels and consent for sharing medical records with third parties.

While there is no federal regulation of veterinary records, more than half of the U.S. states have laws governing the handling of animal medical records. These laws vary by state and outline the requirements for record-keeping, disclosure of information, and consent from pet owners. Therefore, it is essential for veterinary practices to be familiar with the laws in their specific state and take the necessary steps to protect the confidentiality of animal medical records and the personal information of their human families.

Steps to protect animal medical records

While the Health Insurance Portability and Accountability Act (HIPAA) does not apply to animals, there are still steps that can be taken to protect animal medical records. Here are some ways to ensure the security and privacy of animal medical records:

Understand the Relevant Laws and Regulations

At least 33 states in the US have laws regulating the confidentiality of veterinary care records to varying degrees. Familiarize yourself with the specific laws and regulations in your state or jurisdiction. These laws often deem veterinary records as "privileged and confidential" and prohibit their release without written authorization from the owner, except in certain circumstances such as subpoena or statistical research.

Implement Robust Security Measures

Use secure passwords that include symbols and numbers, and regularly update them, especially when an employee leaves. Utilize multi-layered security software, firewalls, and anti-virus protection on all devices that store or access animal medical records. Consider using encryption software and cloud storage with a reliable cloud provider to protect data from technology breaches and natural disasters.

Limit Employee Access

Restrict employee access to client information on a need-to-know basis. Ensure that only authorized personnel can physically access records and that all electronic records are password-protected. When an employee leaves, revoke their access to ensure the security of the information.

Maintain Accurate Records and Obtain Consent

Veterinarians have an ethical and legal obligation to maintain accurate and confidential records. Obtain informed consent from pet owners for treatment and disclose information only as permitted or required by law. Ensure that records include important information such as drug and food allergies, vaccine reactions, physical parameters, and handling preferences.

Store Records Securely

Keep physical records in a secure location, such as a locked filing cabinet or a fireproof safe. Use a document destruction or shredding company to dispose of sensitive paper documents. For electronic records, use remote wiping software in case a device is lost or misplaced.

Provide Secure Access to Pet Owners

Consider providing pet owners with secure online access to their pet's health records. This can be done through platforms like myVCA, which allow owners to access their pet's health information, refill prescriptions, and view upcoming appointments.

Veterinary practices and HIPAA guidelines

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that establishes strict confidentiality requirements for protected health information (PHI) of human patients. While HIPAA does not apply to veterinary practices in the same way as it does to human healthcare facilities, veterinarians are not exempt from protecting their patients' sensitive information. This means that veterinary practices can use HIPAA as a guideline to ensure the confidentiality and privacy of their patients' health information.

Implementing privacy policies

Veterinary practices can develop comprehensive privacy policies outlining how they collect, use, and disclose patient information. These policies should emphasise confidentiality and obtain client consent for sharing information when necessary. For example, veterinarians can ask clients to sign a waiver giving consent for the release of specific information, such as vaccination records, to boarding facilities or groomers.

Securing electronic records

While not required to comply with HIPAA's electronic health record (EHR) security standards, veterinary practices can adopt similar measures to protect electronic records. This includes implementing policies and procedures to safeguard electronic and paper records and ensuring informed consent from pet owners for treatment.

Training staff

HIPAA mandates training for healthcare staff, and veterinary practices can follow suit by ensuring their team members are educated on the importance of patient confidentiality. This includes understanding the ethical and legal obligations to maintain the confidentiality of their patients' health information, including that of animals.

Maintaining physical security

Veterinary practices can implement protocols similar to those stated by HIPAA for securing physical records and facilities to safeguard patient information. This includes limiting employee access to client information and regularly changing passwords and access rights.

Ensuring client communication

Veterinarians should inform clients about how their pets' information will be used and shared, respecting their preferences for communication channels and consent for sharing medical records with third parties. This includes disclosing information only as permitted or required by law and obtaining written authorisation before releasing information to the public.

State laws and professional ethics

While HIPAA does not apply to animals, state laws and professional ethics govern the privacy and protection of animal health information. These laws vary depending on factors such as the species of the animal, the purpose of the healthcare service, and the jurisdiction in which the care is provided. Here are some key points regarding state laws and professional ethics:

State Laws

• More than half of the U.S. states have laws regulating the confidentiality of veterinary care records to varying degrees.
• Most states deem veterinary records privileged and confidential and prohibit their release without written authorization from the pet owner.
• Exceptions to the written authorization requirement may include subpoenas, court orders, or situations involving public health or safety.
• Some states, like Colorado, have laws specifically addressing veterinary-patient-client privilege, keeping records confidential and not available to the public.
• California has similar laws, prohibiting the disclosure of records without client consent, a court order, subpoena, or compliance with state or federal law.
• In Kentucky, a state law restricts the information veterinarians can release to third parties, such as animal shelters or pet grooming facilities.
• While there is no overarching federal statute, state laws generally provide strong protection for the confidentiality of veterinary care records.

Professional Ethics

• Veterinarians are ethically and legally obligated to maintain the confidentiality of their patients' health information, including animals.
• They can implement policies and procedures to safeguard electronic and paper records, obtain informed consent from pet owners for treatment, and disclose information only as permitted or required by law.
• Veterinary practices can adopt similar security measures as those mandated by HIPAA for protecting electronic health records (EHR).
• Training staff on the importance of patient confidentiality is essential, just as HIPAA mandates training for healthcare staff.
• Maintaining physical security protocols for safeguarding patient information is crucial, similar to the standards outlined by HIPAA for securing physical records and facilities.
• Ensuring clear communication with clients about how their pets' information will be used and shared is vital, respecting their preferences for communication channels and consent for sharing records with third parties.

Frequently asked questions