Can HIPAA forms be signed electronically?

Yes, HIPAA forms can be signed electronically. However, do note that HIPAA does not mandate how the documents are signed. This is why an electronic signature will be consistent with the compliance of the law. 

To proceed with the signature, ‘find the type of HIPAA document you must send your customers. It can be in consent forms, medical records, or other healthcare-related documents. However, do make sure they fall within HIPAA guidelines.

Then, you need to choose an e-signature service that meets HIPAA regulations. To clarify the matter at hand, just get on a call with the provider. 

The conditions necessary for e-signatures 

The conditions for e-signatures under HIPAA Rules must align with various legal and security considerations. Here is the list of the conditions:

Legal compliance

Any contract, document, agreement, or authorization using e-signatures should follow federal e-signature rules, convey the signatory’s terms and intent, and offer the option for the signatory to receive a printed or emailed copy. 

User authentication

To prevent disputes over the signatory’s authority, you need to implement a system for verifying the identity of all parties involved. You can employ two-step verification, secret knowledge questions, specialized e-signature software, and phone/voice authorization.

Message integrity

Here, you must implement safeguards to prevent digital tampering with the signed agreement during transmission and storage. You can include e-signature risk assessments and a solid commitment to maintaining data integrity.

Non-repudiation

To ensure that a signatory cannot later deny their signature, e-signatures used under HIPAA Rules should include a timestamped audit trail detailing dates, times, locations, and the custody chain. 

Ownership or control

During e-signatures, you must ensure that all evidence supporting the e-signature, including copies of signed documents, remains under your ownership or control. This can be achieved through agreements like those with BAA.