Campaign: Developers and HIPAA

BAAs with Vendors and Providers

If a company has a business associate agreement (BAA) with an electronic medical record (EMR) vendor, does that company also have to sign a BAA with each health care provider or provider group using that EMR in addition to their existing BAA with the vendor?

Submitted by

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

1 vote
1 up votes
0 down votes

Campaign: Developers and HIPAA

Hospital Outpatient Pharmacy Notice of Privacy Practices

If a patient acknowledges receipt of a Notice of Privacy Practices when admitted to a Hospital, does the Hospital-owned outpatient pharmacy using the same electronic software have to provide a second Notice and obtain patient acknowledgement again? Can the original notice cover all outpatient departments under Hospital ownership?

Submitted by

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

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

Voting

2 votes
2 up votes
0 down votes

Campaign: Developers and HIPAA

Which video chat apps are HIPAA-compliant?

Is Skype or any other video chat app HIPAA-compliant? Which video chat apps can currently be used for telehealth treatment activities involving general physicians or involving mental health professionals?

Submitted by

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), Health plans or health care providers

What is your organization? : Attorney/other compliance consultant

Voting

1 vote
1 up votes
0 down votes

Campaign: Developers and HIPAA

Provider suggested use of an App - there is a breach

A provider or a wellness management company, which are both subject to HIPAA because they collect and house PHI. If that provider or wellness provider suggest to a patient that they use an app (the app was not developed for them and there has been no communication with the app company that the providers are going to use the app) to gather health data to share with them and the app company suffers a breach of information. ...more »

Submitted by

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

What is your organization? : Trade association

Voting

1 vote
1 up votes
0 down votes
Answered Questions

Campaign: Developers and HIPAA

How should developers execute audit logging?

Right now, developers expend a lot of time and resources (including the cost of data storage) on audit logging but don’t have assurance that they are in compliance. Could HHS provide an open source library of code to help developers understand how to execute audit logging.

Submitted by

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

What is your organization? : Government

Voting

3 votes
4 up votes
1 down votes

Campaign: Developers and HIPAA

Are Cloud Storage providers BAs?

Is a company that provides encrypted cloud storage for a covered entity a BA if it does not have the encryption key and has no ability to access the IIHI?

Submitted by

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), Health plans or health care providers

What is your organization? : Attorney/other compliance consultant

Voting

2 votes
2 up votes
0 down votes
Answered Questions

Campaign: Developers and HIPAA

Cloud Security

What are the suggested encryption protocols that one should implement in order to fulfill the 164.312(a)(2)(iv)

 

Have you implemented a mechanism to encrypt and decrypt EPHI?

Submitted by

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

What is your organization? : Developer working on homegrown apps within a health care setting

Voting

4 votes
4 up votes
0 down votes

Campaign: Developers and HIPAA

Cloud computing

Developers need better guidance around cloud storage/computing and the Security Rule. Client-server architecture is no longer relevant in many cases. Health technology companies are typically now 100 percent cloud-based. Many clients are doing some type of data analytics work, or offer cloud-based EHRs and medical devices. HHS should provide good guidance for companies that are cloud based and virtual. Most companies ...more »

Submitted by

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

What is your organization? : Government

Voting

3 votes
3 up votes
0 down votes
Answered Questions

Campaign: Developers and HIPAA

What is BAA to do with stored patient health info

The scenario is this: A private health clinic (PHC) signs up online to use a web-based EHR application to create patient charts, schedule patients, provide a patient portal, etc. - classic practice management tasks. The EHR vendor has a BAA with a company which hosts its web application and the encrypted database. My question is, what happens to the PHC's electronically stored ePHI if the PHC's account is cancelled and/or ...more »

Submitted by

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)

What is your organization? : EHR vendor

Voting

1 vote
1 up votes
0 down votes

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 »

Submitted by

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

When is PHI de-identified?

We have developed a platform to facilitate the scheduling of transport/rides for patients to provider appointments. The process works as follows. The provider logs into a secure site, to schedule a ride to an appointment for a patient. The platform, at the appropriate time, sends formation to a rider service provider (someone such as Lyft, Uber, etc..) to schedule the transport. The information provide the transport ...more »

Submitted by

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), Health plans or health care providers

What is your organization? : Developer of Mhealth apps (not mobile medical apps), For profit, Attorney/other compliance consultant

Voting

1 vote
1 up votes
0 down votes

Campaign: Developers and HIPAA

Risk Assessment Tool

Small companies and Business Associates are eager to meet their security requirements under HIPAA. Many smaller B.A.s have stated that they are unable to use the current security risk assessment tool because they believe it is needlessly cumbersome, redundant, and designed for Covered Entities. Do you recommend that Business Associates start to use private tools instead of the current tool for risk assessments? If so, ...more »

Submitted by

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

3 votes
3 up votes
0 down votes
Answered Questions