Campaign: Developers and HIPAA

Text messaging and HIPAA

There is currently a lack of clarity about whether patient consent to communicate via (unencrypted) SMS is adequate to protect covered entities from HIPAA concerns. HHS (and medical research) has released data supported use of non-encrypted SMS, given its high accessibility to patients and its efficacy in achieving behavior change (e.g. medication compliance, smoking cessation). Many covered entitites feel that this ...more »

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Who are your customers? Check all that apply : Business associates (operates on behalf of/provides service to health care provider/health plan, e.g., an EHR vendor), General Public, Health plans or health care providers, Patients/Individuals/Consumers

What is your organization? : Health care provider or health plan, Not for profit, Developer working on homegrown apps within a health care setting

Voting

19 votes
19 up votes
0 down votes

Campaign: Developers and HIPAA

Can HIPAA address patient generated data?

Developers need better guidance around patient generated health data, since HIPAA focusses on one-way data sharing from a provider/other covered entity outward to the patient/other entity. In the future, more and more data will be flowing in the opposite direction, and there should be guidance to clarify that HIPAA should not prevent the flow of information from the patient back to the provider.

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Who are your customers? Check all that apply : General Public

What is your organization? : Government

Voting

6 votes
6 up votes
0 down votes
Answered Questions

Campaign: Developers and HIPAA

does an online appointment scheduler need to abide by HIPAA?

I would like to know if I offer an online appointment scheduler to health care providers, would the system and I, as the programmer/manager need to abide by HIPAA or other related laws. Information included in the system would not be medical in nature; it would just be the clients name, appointment date and time, their email address and phone number. Possibly a credit card for deposits, but that's not the concern. The ...more »

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Who are your customers? Check all that apply : Health plans or health care providers

What is your organization? : Software developer not specific to health care

Voting

4 votes
4 up votes
0 down votes
Answered Questions

Campaign: Developers and HIPAA

PHI request through SMS from provider

I understand there is some ambiguity regarding providers communicating PHI with patients, and I'm having some trouble interpreting how it applies to me. My provider developed software to engage patients via unencrypted SMS. My provider's medical practitioners will determine a patient is in need of monitoring and will develop or reuse a workflows to regularly request defined PHI from patients--such as diastolic and systolic ...more »

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Who are your customers? Check all that apply : Patients/Individuals/Consumers

What is your organization? : Health care provider or health plan, Not for profit

Voting

8 votes
8 up votes
0 down votes

Campaign: Developers and HIPAA

Developer and HIPAA

Assume you have a software company that will be using a smartphone application and related device to record and store arguably protected health information. 1. Assume the software company stores the information on its own servers. The company is not subject to HIPAA (privacy or security rules) because it isn't a covered entity or a business associate of a covered entity, correct? 2. Now assume that the software ...more »

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Who are your customers? Check all that apply : Business associates (operates on behalf of/provides service to health care provider/health plan, e.g., an EHR vendor), Other, General Public, Patients/Individuals/Consumers

What is your organization? : Attorney/other compliance consultant

Voting

2 votes
2 up votes
0 down votes
Answered Questions

Campaign: Developers and HIPAA

Audits

With random audits becoming a feature of HIPAA enforcement, small companies and Business Associates should ensure that information sought by OCR is readily available. This will allow OCR to make assessments quickly and efficiently. Making this process efficient also limits the disruptive impact audits can have on emerging companies. Similar to the practice of the FCC, can OCR provide guidance for Business Associates regarding ...more »

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Who are your customers? Check all that apply : Business associates (operates on behalf of/provides service to health care provider/health plan, e.g., an EHR vendor), Other, General Public, Patients/Individuals/Consumers

What is your organization? : Small company, Trade association

Voting

5 votes
6 up votes
1 down votes
Answered Questions

Campaign: Developers and HIPAA

Help with business associate agreements

There is a lack of transparency around the content of Business Associate Agreements (BAAs), a lack of sample BAA language around the topics developers care about, such as cloud storage & PGHD, and a lack of bargaining power on the part of startups. This has led to many challenges for the industry, resulting in high legal fees which may be a barrier to entry for many companies. HHS should issue sample BAA language around ...more »

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Who are your customers? Check all that apply : General Public

What is your organization? : Government

Voting

5 votes
5 up votes
0 down votes
Answered Questions

Campaign: Developers and HIPAA

What part of the environment has to be compliant?

Does the entire environment need to be HIPAA compliant, or is it possible that the solution could fall into an exception to HIPAA, or can they use an API to store certain kinds of data? If you’re building modern technologies, you’re relying on a lot of third party (likely API) based services; mostly cloud based services. So which aspects of those need to be compliant?

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Who are your customers? Check all that apply : General Public

What is your organization? : Government

Voting

5 votes
5 up votes
0 down votes
Answered Questions

Campaign: Developers and HIPAA

EHR Continuity in Care

Private Practice Physicians have the opportunity by contracting with a large health care entity to get into electronic health records EHR. In wanting to satisfy the continuum of care one practice can see any treatment provided by another provider for their patient. They can access diagnostics within the health care entities network. All good things! My concern, though users sign off on a confidentiality agreement ...more »

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Who are your customers? Check all that apply : Business associates (operates on behalf of/provides service to health care provider/health plan, e.g., an EHR vendor), Other, Health plans or health care providers

What is your organization? : Small company, Attorney/other compliance consultant

Voting

2 votes
2 up votes
0 down votes

Campaign: Developers and HIPAA

Sale of Data Collected by a Consumer Targeted App

We are not a covered entity or business associate. We are developing a direct-to-consumer app that tracks medication adherence. We want to de-identify the information the app collects to sell to third parties. Do we follow the same HIPAA de-identification processes that a covered entity or business associate would follow?

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Who are your customers? Check all that apply : General Public, Patients/Individuals/Consumers

What is your organization? : Small company, Software developer not specific to health care

Voting

3 votes
3 up votes
0 down votes
Answered Questions

Campaign: Developers and HIPAA

De-identification of individuals' information

Is there any limitation on a covered entity's de-identification of PHI or use of de-identified information? For example, may a covered entity de-identify information purely for the purposes of selling data as a service? Additionally, from a Privacy Rule perspective (i.e., not considering state law or contractual considerations), are there any restrictions on a business associate using or disclosing the de-identified ...more »

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Who are your customers? Check all that apply : Patients/Individuals/Consumers

What is your organization? : Attorney/other compliance consultant

Voting

3 votes
3 up votes
0 down votes
Answered Questions