Is Indicative HIPAA Compliant?

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Indicative is not HIPAA compliant for HIPAA Covered Entities or Business Associates because Indicative does not sign a HIPAA Business Associate Agreement and therefore cannot be used to create, receive, maintain, or transmit electronic protected health information on behalf of a regulated healthcare organization.

HIPAA requires a written HIPAA Business Associate Agreement when a vendor performs services that involve protected health information for a HIPAA Covered Entity or another Business Associate. The agreement must define permitted uses and disclosures, require safeguards for electronic protected health information under the HIPAA Security Rule, require breach reporting under the HIPAA Breach Notification Rule, and require the same protections from subcontractors that handle the data. Without that agreement for the service in scope, protected health information cannot be placed into the platform.

Product analytics and customer journey analytics tools can ingest identifiers and event data from websites, mobile applications, and connected systems. Names, email addresses, device identifiers, IP addresses, user IDs, and session data can become protected health information when they identify an individual and link that individual to treatment, payment, or healthcare operations. Protected health information can also be created by tracking events tied to appointment scheduling, portal access, prescription workflows, symptom screening, benefits interactions, and care program enrollment.

Accredited HIPAA Certification

Operational controls do not solve the absence of a HIPAA Business Associate Agreement. Even if a healthcare organization attempts to avoid entering clinical details, analytics instrumentation can still collect regulated context through URLs, page titles, form fields, referrer strings, and custom event properties. Integrations that export data to other tools can further expand exposure and create uncontrolled copies.

Indicative can be used by healthcare organizations only for datasets and tracking implementations that exclude protected health information and do not connect identifiable individuals to healthcare services or payment. That scope limitation must cover event design, data retention, access controls, exports, dashboards, and any third-party connectors. When analytics needs require protected health information or require tracking that can reasonably capture protected health information, use a vendor that will execute a HIPAA Business Associate Agreement for the services in scope and support access controls, audit controls, transmission security, and incident response procedures aligned with HIPAA obligations.

James Keogh

James Keogh has been writing about the healthcare sector in the United States for several years and is currently the editor of HIPAAnswers. He has a particular interest in HIPAA and the intersection of healthcare privacy and information technology. He has developed specialized knowledge in HIPAA-related issues, including compliance, patient privacy, and data breaches. You can follow James on Twitter https://x.com/JamesKeoghHIPAA and contact James on LinkedIn https://www.linkedin.com/in/james-keogh-89023681 or email directly at [email protected]