Are massage therapists covered under HIPAA?

Asked by: Carlo McClure  |  Last update: June 18, 2025
Score: 4.7/5 (65 votes)

If a massage therapist electronically transmits health information in connection with certain transactions (like billing health insurance), they are considered a covered entity and must comply with HIPAA regulations.

Are massage therapists covered by HIPAA?

yes, massage is considered part of the healthcare industry and we are bound by hipaa regulations.

Can a massage therapist be sued for medical malpractice?

If you suffered a medical injury after seeing a massage therapist, you could be eligible to file a personal injury lawsuit if the injury resulted from the massage therapist's negligence.

Who is not covered by HIPAA?

Non-covered entities, not bound by the Privacy Rule, can include wearable tech, health apps, or providers not dealing with electronic data. It's essential to determine your classification to ensure compliance and avoid penalties under HIPAA.

Does massage therapy fall under healthcare?

Definition. Clinical massage therapy is the manipulation of the soft tissues of the human body for therapeutic purposes. Based in ancient traditions, massage therapy is a professional health care discipline in the United States.

What You Need to Know About HIPAA as a Massage Therapist

28 related questions found

Can massages be covered by insurance?

Massage therapy can be costly, but your insurance company may help to cover the costs. Additionally, you may be able to use FSA or HSA to cover the cost of medical massage. Either way, you will need a prescription from your primary care doctor for insurance even to consider helping with the costly treatments.

How many massages can a therapist do in a day?

Massage therapy sessions

How many appointments you have in a day depends on your availability and scheduling preferences, but most full-time therapists will see around five clients a day with massage appointments typically lasting between 60 and 90 minutes.

What are the three exceptions to HIPAA?

The Three Exceptions to a HIPAA Breach
  • Unintentional Acquisition, Access, or Use. ...
  • Inadvertent Disclosure to an Authorized Person. ...
  • Inability to Retain PHI.

Who is exempt from the HIPAA privacy rule?

HIPAA does not apply to healthcare services and facilities that do not conduct covered transactions. Standard disclosure rules do not apply to substance use disorder patient records. State laws can also override HIPAA on the non-disclosure of psychotherapy notes.

What cannot be shared under HIPAA?

Protected health information (PHI) cannot be shared under HIPAA. So what exactly is considered PHI according to HIPAA? It's information that can identify a particular patient, including health records, lab reports, bills, or even verbal conversations.

Under what circumstances can massage therapists legally breach confidentiality?

In The Ethics of Touch by Ben Benjamin and Cherie Sohnen-Moe, we are told: “Some reasons for breaking confidentiality include: there's a clear and imminent danger to the client or another individual; a client discloses an intention to commit a crime; you suspect abuse or neglect of a child, an elderly person, or an ...

What is liability insurance for massage therapist?

Massage liability insurance is coverage designed to protect you from having to pay for expensive claims, such as client injury, property damage, allergic reactions to products, and more. A lot of things can go wrong during a session – massage insurance provides peace of mind that your practice is well-covered.

Can massages be a medical expense?

Medical Necessity: The IRS says medical expenses must be for alleviating or preventing a physical or mental condition. In other words, your massage therapy needs to be medically necessary—a term your doctor will have to agree on.

Does HIPAA apply to spas?

HIPAA compliance is mandatory for medical spas that handle physical and electronic Protected Health Information (ePHI/PHI), including personal client details (e.g. name, address, ID number) and treatment details (e.g. medical records, facial images, notes).

What codes can a massage therapist bill?

The most common 3 codes are: 97010 Hot/Cold Packs, 97124 Massage Therapy, and 97140 Manual Therapy.

Do HIPAA laws apply to therapists?

Therapists employed by a covered entity are required to comply with HIPAA to the extent that their employer is responsible for developing HIPAA-compliant policies and procedures, and therapists are required to comply with the policies and procedures.

Who is not protected under HIPAA?

Non-Covered Entities: Entities that are not healthcare providers, health plans, or healthcare clearinghouses, and do not otherwise meet the definition of a business associate, are not covered by HIPAA.

What is the most common HIPAA violation among healthcare workers?

Accessing the health records of patients for reasons other than those permitted by the HIPAA Privacy Rule is a violation of patient privacy. Snooping on healthcare records of family, friends, neighbors, co-workers, and celebrities is one of the most common HIPAA violations committed by employees.

What are the three rules of HIPAA?

The Health Insurance Portability and Accountability Act (HIPAA) lays out three rules for protecting patient health information, namely:
  • The Privacy Rule.
  • The Security Rule.
  • The Breach Notification Rule.

What qualifies as a HIPAA violation?

A HIPAA violation refers to the failure to comply with HIPAA rules, which can include unauthorized access, use, or disclosure of Protected Health Information (PHI), failure to provide patients with access to their PHI, lack of safeguards to protect PHI, failure to conduct regular risk assessments, or insufficient ...

Under what circumstances does HIPAA not apply?

State agencies like child protective services and law enforcement agencies also fall outside of HIPAA's scope because their primary functions do not involve the electronic transmission of health information for transactions covered by HIPAA.

What can override HIPAA?

In contrast to State laws that authorize higher or different fees than are permitted under HIPAA, HIPAA does not override those State laws that provide individuals with greater rights of access to their health information than the HIPAA Privacy Rule does. See 45 CFR 160.202 and 160.203.

What is the highest paid massage therapist?

Highest paying cities for Massage Therapists near United States
  • New York, NY. $50.62 per hour. 424 salaries reported.
  • Boulder, CO. $47.89 per hour. 61 salaries reported.
  • Chicago, IL. $43.05 per hour. 329 salaries reported.
  • Los Angeles, CA. $42.58 per hour. 244 salaries reported.
  • Colorado Springs, CO. $40.49 per hour.

Is it OK to get 2 massages in one day?

It takes a good 48 hours for the system to rebalance after a deep massage, so at least a two day gap between massages is ideal.

How long do most massage therapists last?

Various sources report the average lifespan of a massage therapy career is 5-7 years, but it's possible to have a successful career that lasts a few decades. What's the difference between 5 years and 30 years? Continuing education, self-care, and autonomy.