The Journal · Dentist website guide

Does my dental website need
to be HIPAA compliant?

A form by form data map and a decision tree for practice owners. General information, not legal advice, so take the questions to your healthcare counsel.

The short answer

HIPAA covers your practice, not your pages

A web page does not need to be HIPAA compliant on its own, because HIPAA applies to your dental practice as a covered entity, not to the site. What needs review is any form or tool that collects patient health details and sends them to an outside company.

A page with your hours and a map collects nothing about anyone. An intake form that asks about medications, a chat box where someone describes a cracked molar, or a booking tool that stores visit details is what to take to healthcare counsel or your privacy officer. This is general information, not legal advice.

WTM Studio is a website studio, not a compliance provider, and we never call a site HIPAA compliant. We build custom dental websites, and the data map below is what we would want your counsel to see before any build, ours or anyone else's.

Illustration of patient information moving from a patient to a website form, then to an outside vendor, then to the practice system, with a dashed question mark under the vendor showing where a business associate agreement may be needed and counsel should be asked.
Illustration. The vendor in the middle is where the agreement question usually sits.

What HIPAA applies to, in HHS's words

HHS says the HIPAA Rules apply to covered entities and to their business associates. Covered entities are health plans, health care clearinghouses and health care providers. Dentists are named in that provider list, next to doctors, clinics and chiropractors.

There is a condition. A provider is a covered entity only if it transmits health information electronically in connection with a transaction HHS has adopted a standard for. Your counsel can confirm which side of that line your practice sits on.

Web pages are not on the list. Your review starts with what the site collects and which companies receive it.

Source: https://www.hhs.gov/hipaa/for-professionals/covered-entities/index.html

Follow the data, one form at a time

Open your site on a phone. List every box a visitor can type into, every number they can tap to call, and every tracking tool your marketing company added. Then fill in a table like this one, asking your front desk and each vendor for the "Where it ends up" column.

A website data map for a dental practice. General information, not legal advice.
Form or toolWhat it might collectWhere it ends upQuestion for counsel or the vendor
Contact formName, email, phone and a free text message that may mention a tooth, a symptom or a treatmentAn email inbox, the form service's servers, or bothIf a patient types health details here, who stores that message?
Appointment requestName, phone, preferred time, office, sometimes a reason for the visitA front desk inbox or a request queueShould the reason for the visit be a free text box at all?
Patient intake formMedical history, medications, allergies, insurance detailsA forms vendor, then your practice management systemDo we have a signed business associate agreement with the forms vendor?
Chat widgetWhatever the visitor types, plus saved transcriptsThe chat vendor's servers, and sometimes staff phonesDoes this vendor receive or keep patient information for us?
Online booking toolName, contact details, visit type, time and officeThe booking vendor, often synced to your scheduleWill the vendor sign a BAA, and what does it keep after the sync?
Newsletter signupEmail address, sometimes a nameAn email marketing serviceIf the list is built from patients or sorted by treatment, is it PHI?
Call trackingCaller number and call time, and recordings in some setupsThe call tracking vendor's dashboardAre calls recorded or transcribed, and could a recording hold patient details?

Any cell you cannot fill in is your first question for counsel.

A hypothetical example. A two office practice has a chat widget its marketing company added last year. At 9 p.m. a patient types: "My crown came off and I take blood thinners, can I come in tomorrow?" That message now sits on the chat vendor's servers, and a transcript is emailed to the office manager's phone. Nobody chose to collect a medication list, yet the site did. In the table, that chat row has two blank cells: how long the vendor keeps transcripts, and whether a BAA is on file.

Illustration of a decision tree that asks three questions about each website form, covering health information, outside vendors and a signed business associate agreement, with every branch ending in a box that says talk to counsel.
Illustration. Every branch ends with counsel: the tree sorts your questions but cannot answer them.

Is a vendor handling patient information for you?

Run each row of your table through these steps, in order.

  1. Does the form or tool collect anything about a patient's health, care or payment? If you are not sure, treat it as a yes until counsel says otherwise.
  2. Does an outside company store it, receive it or pass it along? HHS lists cloud service providers handling ePHI, IT vendors with access to ePHI and third party AI chatbots on a patient portal handling PHI as examples of business associates.
  3. Then ask that company for a written business associate agreement. HHS says a covered entity generally needs a written BAA with a business associate that creates, receives, maintains or transmits PHI on its behalf. A vendor that will not discuss one has given you an answer.
  4. Is their access only incidental? HHS says a BAA is not required for someone whose services do not involve PHI beyond incidental access. Where your web designer or host falls depends on the work, so ask counsel.

Source: https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/business-associates/index.html

What a website designer can and cannot tell you

A designer can tell you:

  • Every form on the site and every field it asks for.
  • Where each form submits: an inbox, a vendor or your system.
  • Which third party tools load on each page.
  • Where a free text box could become a short list of choices, so patients type less about their health.

A designer cannot tell you:

  • If your practice is a covered entity.
  • If a vendor's agreement is adequate.
  • If your site meets HIPAA. A web company that sells "HIPAA compliant" as a feature is answering a legal question. Ask who reviewed it, and get that in writing.

Six questions to bring to your counsel

  1. Is our practice a covered entity, based on how we bill and send health information?
  2. Which forms and tools on our website collect PHI, in your reading?
  3. Which of our website vendors are business associates, and do we have a signed BAA with each one?
  4. Should our contact and appointment forms drop free text fields where patients might describe symptoms?
  5. Do our chat, call tracking and analytics tools need a review, and who should do it?
  6. Who on our team owns this list, and how often should we recheck it as tools change?

Bring the filled table, so counsel can answer about your own forms and vendors.

Planning a rebuild? Map the data before the design

A redesign is a good time to delete form fields you never needed. If booking is in your plan, read how online booking should work first. Groups can start with DSO website design, and other specialties can use this map too; see healthcare websites.

WTM Studio builds custom websites for dental practices and groups nationwide from Miramar, Florida, and founder Ray Hussain leads every project. You see a free homepage concept, then one flat quote. Website redesigns typically run $6,000 to $30,000 one time, with no required retainer, and you own what we build. After the design direction is approved, most sites launch in 2 to 4 weeks. Comparing proposals? Use our quote comparison guide and see pricing and terms. Ask us the questions in the table, in writing, as you would any vendor.

Before you decide

A few good questions.

Is a dental website with no forms covered by HIPAA?

The HIPAA Rules apply to the practice, not the page. A site with no forms or patient tools has little to review, but check for chat or call tracking you may have forgotten and ask counsel to confirm.

Can a patient message through my contact form be a HIPAA issue?

It can be, if the patient types health details and an outside service stores the message. That is the kind of form to review with counsel or your privacy officer.

Does my web host need to sign a BAA?

HHS lists cloud service providers handling ePHI as an example of a business associate. If your host stores form submissions or other patient information, ask counsel about a BAA.

Is my website designer a business associate?

It depends on the work. HHS says a BAA is not required when services do not involve PHI beyond incidental access, so ask counsel based on what your designer can see and store.

Can a web designer make my website HIPAA compliant?

No designer can settle that alone, because it is a legal question about your practice and its vendors. We never call a site HIPAA compliant, but we can show your counsel what each form collects and where it goes.

Should I take the patient intake form off my website?

Not necessarily. Ask counsel first, and ask the forms vendor where submissions are stored and whether they will sign a written BAA.

Your practice. Custom-built.

See your design
before you commit.

Start with a free homepage concept.
Then get one flat quote.