When adopting AI-powered clinical tools, HIPAA compliance is non-negotiable. Mental health professionals must ensure that any technology they use meets the strict requirements for protecting patient health information.
What is HIPAA?
The Health Insurance Portability and Accountability Act (HIPAA) establishes national standards for protecting sensitive patient health information. For mental health professionals, this includes therapy notes, diagnoses, treatment plans, and any other identifiable health data.
Key HIPAA Requirements for AI Tools
1. Business Associate Agreement (BAA)
Any vendor that handles Protected Health Information (PHI) must sign a BAA. This legally binding agreement ensures the vendor will:
- Implement appropriate safeguards to protect PHI
- Report any breaches or security incidents
- Return or destroy PHI upon contract termination
- Allow audits and compliance reviews
2. Technical Safeguards
HIPAA requires specific technical measures to protect electronic PHI:
- Encryption: Data must be encrypted both in transit and at rest
- Access Controls: Role-based access to limit who can view PHI
- Audit Logs: Tracking of all access and modifications to PHI
- Automatic Logoff: Sessions must timeout after inactivity
3. Administrative Safeguards
Organizations must implement policies and procedures including:
- Security risk assessments
- Workforce training on HIPAA compliance
- Incident response procedures
- Regular security reviews and updates
How Moco Ensures HIPAA Compliance
End-to-End Encryption
All data transmitted to and from Moco is encrypted using industry-standard TLS protocols. Data at rest is encrypted using AES-256 encryption with separate encryption keys for audio recordings.
Signed BAA
Before you can record sessions or upload any PHI, Moco requires acceptance of our Business Associate Agreement. This ensures legal compliance from day one.
Access Controls
Moco implements strict role-based access controls. Only authorized users within your practice can access patient data, and all access is logged and monitored.
Data Retention Controls
You control how long audio recordings and transcripts are retained. Options include automatic deletion after note generation, or retention for 7, 30, or 90 days based on your practice needs.
Regular Security Audits
Moco undergoes regular penetration testing and security audits. We maintain SOC 2 compliance and provide assurance materials under NDA upon request.
Special Considerations for Mental Health
42 CFR Part 2
For substance use disorder treatment programs, additional federal regulations apply. Moco supports Part 2 compliance by allowing you to mark specific programs and obtain appropriate patient consent before any data use.
State Privacy Laws
Some states have stricter privacy requirements than HIPAA. Moco applies the most stringent applicable standard to ensure compliance across all jurisdictions.
Your Responsibilities
While Moco provides the technical infrastructure for HIPAA compliance, mental health professionals must also:
- Obtain appropriate patient consent for recording sessions
- Use strong passwords and enable two-factor authentication
- Never share login credentials
- Report any suspected security incidents immediately
- Follow your practice's HIPAA policies and procedures
Questions About Compliance?
If you have questions about how Moco ensures HIPAA compliance or need additional assurance materials for your practice, contact us at support@mocothescribe.com.