HIPAA Compliance for Healthcare Software Companies

It depends on what data you handle and for whom, and getting that determination right is the starting point.

If your platform creates, receives, maintains, or transmits identifiable electronic protected health information on behalf of a covered entity, a provider, health plan, or clearinghouse, then yes, you are a business associate and are directly subject to the Security Rule and to breach-notification and applicable privacy obligations.

Three situations can fall outside that: a true conduit that only transports data without accessing it, a product that works exclusively with data properly de-identified under HIPAA, and a direct-to-consumer health app that a person uses on their own rather than on a provider's behalf.

A consumer health app outside HIPAA may still be regulated, notably under the FTC Health Breach Notification Rule. We assess your product and your customers during onboarding and document why HIPAA does or does not apply rather than assume it.

Since the HITECH Act and the 2013 Omnibus Rule, a business associate is directly liable for compliance with the HIPAA Security Rule in full, meaning the administrative, physical, and technical safeguards and the required documentation.

You are also directly liable for the Breach Notification Rule as it applies to business associates and for the Privacy Rule provisions that apply to you, including the terms of your business associate agreements.

In practice that means a Security Risk Analysis, written policies, workforce access controls and training, encryption and audit logging, business associate agreements with your customers and subcontractors, and a breach-notification process.

The Office for Civil Rights can enforce these against you directly, not only through your customer. We build and document the program that meets them.

Yes, in both directions. You sign a business associate agreement with each covered-entity customer whose ePHI your platform handles, which is what lets them share that data with you lawfully.

You also sign one with every subcontractor that creates, receives, maintains, or transmits that ePHI on your behalf, which includes your cloud host and any downstream service that touches patient data.

The major cloud providers offer a business associate agreement for their HIPAA-eligible services. We inventory the relationships up and down your chain, help put the agreements in place, and fold the oversight into your program.

Cyber One Solutions signs a subcontractor business associate agreement with your company for our access to your ePHI.

Yes. For a company whose product is software, the Security Rule's technical safeguards land directly in the application.

Access control, audit logging, integrity protection, and transmission security have to be designed into how the platform works, and in a multi-tenant product, tenant isolation that keeps one customer's ePHI separate from another's is a core control rather than an implementation detail.

A vulnerability in your code is a direct route to the data you hold.

We help you carry secure development into the lifecycle, access and secret management, code and dependency scanning, change control, encryption, and logging of access to patient data, so the safeguards are built in and the evidence is produced as you ship.

No. Third-party attestations and certifications are issued by independent assessors, such as licensed CPA firms, and Cyber One Solutions is not one of them. Any vendor claiming to hand you one directly should be treated with caution.

What we do is build and document the HIPAA safeguards your customers ask about and assemble the policies and evidence for the customer security questionnaires that usually come first.

The same control set answers your HIPAA obligation and the customer's review at once.

As a business associate, your duty runs to your covered-entity customers.

On discovering a breach of unsecured protected health information, you must notify the affected covered entity without unreasonable delay and no later than 60 days from discovery, and provide the information the entity needs to make its own notifications.

It is then the covered entity that notifies affected individuals, HHS, and where required the media. Your business associate agreements often set tighter timelines than the regulatory maximum, so the contract matters as much as the rule.

Encryption that meets the HHS standard lowers this exposure, since properly encrypted data is generally outside the notification trigger.

We build the incident-response and notification workflow and define what a reportable event means across your platform so a real incident is handled inside the window.

Business associates are subject to the same tiered civil monetary penalty structure as covered entities, enforced by the HHS Office for Civil Rights.

The tier is driven by culpability, from a genuinely unknowing violation up to willful neglect that goes uncorrected, and the amounts are set by statute and adjusted for inflation each year.

Resolutions often include a corrective action plan with ongoing monitoring, and certain violations can carry criminal liability.

For a software vendor the business cost usually runs higher than the penalty itself: a breach that affects many provider customers at once damages the relationships the company depends on and can end deals.

The program exists to prevent the breach and to demonstrate good-faith compliance, not just to answer a regulator afterward. We do not guarantee any outcome. We build and document the safeguards that reduce the risk.

We support the corporate IT and security behind your platform as your subcontractor business associate, and we sign a business associate agreement with you for our access to your ePHI.

We deliver the program end to end: a Security Risk Analysis across your application, data stores, cloud infrastructure, and corporate systems, then the administrative, physical, and technical safeguards, MFA and least-privilege access to production, encryption, audit logging, workforce training, and a tested backup and contingency plan.

We help you put business associate agreements in place with your customers and your cloud and subcontractor vendors, build the breach-notification workflow around your duty to notify those customers, and prepare you for customer security questionnaires.

We support your compliance rather than assume it, we do not provide legal advice, we do not issue third-party attestations or certifications, and we make no guarantee against a breach. We serve commercial clients across Texas, Tennessee, and the United States.