Disclaimer: This post is for informational purposes only and does not constitute legal advice. We advise readers to consult a qualified legal professional for guidance on HIPAA compliance and BAAs.
Healthcare providers and medical institutions that use Vimeo and have determined they are subject to HIPAA requirements, may enter into a business associate agreement (BAA) with Vimeo to help them meet their HIPAA compliance obligations. HIPAA requires certain privacy and security requirements for protected health information (PHI).
Navigating BAAs and HIPAA requires careful consideration. If you have a Vimeo Enterprise account, your account manager can help you set up a BAA that can help you meet your HIPAA obligations.
Healthcare providers use Vimeo to deliver patient marketing, education, and instructional videos. They can configure settings to help them avoid gathering identifying information about the viewer. This can help improve patient outcomes by contributing to patient understanding, education, and engagement.
What’s a business associate agreement (BAA)?
A business associate agreement (BAA) is a contract that establishes the responsibilities and obligations of a third-party vendor, like Vimeo, will secure PHI. HIPAA regulations require that any covered entities, such as healthcare providers, execute a BAA with vendors who are considered business associates, which generally means they handle PHI on the covered entity’s behalf.
HIPAA rules protect PHI and set penalties for violations, such as improper disclosure, unmet obligations, and unannounced breaches. Videos containing PHI hosted on our platform must adhere to HIPAA-compliant security standards. Covered entities and business associates using a Vimeo Enterprise account to host videos may sign a BAA with Vimeo to help meet their HIPAA compliance obligations.
More about Vimeo Enterprise account management →
What happens when HIPAA is violated?
Violating HIPAA is a serious offense with civil or criminal consequences. If a patient accuses a covered entity of violating HIPAA, the Health and Human Services (HHS) branch of the federal government will commence an investigation through theOffice of Civil Rights (OCR). If the OCR finds that a violation occurred, the entity could face significant financial penalties, potentially reaching millions of dollars annually. The OCR might also require them to institute new business processes to ensure future compliance.
For example, if a doctor at a general hospital sends a message to a patient’s work email that the patient hasn’t added as an acceptable form of communication, the doctor has inadvertently violated impermissible disclosure rules. As a result, the entire hospital may have to undergo retraining to the OCR’s satisfaction.
Obtaining or disclosing PHI without authorization is a criminal offense, punishable by up to one year in prison and a fine of up to $50,000. If an individual maliciously violates HIPAA regulations, they could face up to 10 years in prison and a fine of up to $250,000. For example, if a healthcare worker purposely accessed their ex-partner’s medical records, they could be immediately terminated and face fines and up to five years of probation.
A quick look at BAAs
A BAA should tailor its terms to the specific services provided and the types of PHI being handled. The document must outline precisely how the business associate needs to comply with applicable HIPAA regulations. Your BAA should include a clear understanding of how your vendor will handle PHI on your behalf. It should spell out who the parties are, what types of PHI are involved, and exactly how the vendor is allowed to use or disclose the PHI. It should also detail the vendor’s security measures to protect the PHI, outline what happens if there is a data breach, and clarify the consequences if the agreement isn’t followed.
Frequently asked questions
Is a “business associate,” as defined in HIPAA, an employee?
Not usually. HIPAA rules define a business associate as a third party who handles PHI on behalf of the covered entity. They’re generally not considered part of the entity’s own workforce.
Is a BAA needed with every vendor?
Covered entities generally need to consider executing BAAs with vendors who will handle PHI on their behalf. For example, a company that provides administrative assistance or data aggregation may need a BAA to comply with HIPAA privacy rules. However, an accounting service that does the entity’s taxes probably won’t handle the PHI of their patients, so they likely wouldn’t need a BAA.
Do BAAs expire?
A BAA between two entities generally outlines the beginning and end of their agreement. If a contract doesn’t specify a time limit, it may be considered ongoing until revised or terminated.
Does Vimeo enter into BAAs with customers?
Yes, Vimeo can enter into a Business Associate Agreement (BAA) with eligible Vimeo Enterprise customers, specifically those in the healthcare industry. This is part of Vimeo's commitment to providing a HIPAA-compliant video hosting solution. By signing a BAA, Vimeo acts as a business associate to covered entities and business associates under HIPAA.
Does Vimeo provide a HIPAA compliance solution?
Yes, Vimeo can offer a HIPAA-compliant solution for eligible Vimeo Enterprise users. To use Vimeo in a HIPAA-compliant way, users need to sign a Business Associate Agreement (BAA) with Vimeo. This agreement ensures that Vimeo acts as a business associate and adheres to the necessary privacy and security standards for handling protected health information (PHI).
How must Vimeo Enterprise Accounts be configured to support HIPAA compliance?
To ensure a Vimeo Enterprise account is HIPAA-compliant, organizations must enter into a Business Associate Agreement (BAA) with Vimeo, implement specific security and privacy settings, and follow guidelines regarding the handling of Protected Health Information (PHI). This includes disabling features like comments and third-party integrations, requiring single sign-on (SSO) and two-factor authentication (2FA), and carefully managing user access.
Strengthen your compliance strategy with Vimeo’s video hosting HIPAA Solution
Vimeo Enterprise provides a video solution with features that can help customers meet their HIPAA obligations. . To learn more about our comprehensive security tools, check out security and compliance at Vimeo, where we describe all the enterprise-grade security assurances Vimeo provides. For more information about setting up a BAA with Vimeo, read our Help Center article on configuring Vimeo Enterprise for HIPAA.
