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 »

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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), Health plans or health care providers

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

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1 vote
1 up votes
0 down votes

Campaign: Developers and HIPAA

Birthweights/Ages

Certain pediatric tasks require fairly precise ages, for example when evaluating jaundice one must know a baby's age in hours. What precautions are required to ensure that a birthdate cannot be inferred by usage data from an app that automates some of these tasks? For example, if a nurse enters in that a baby is 8 hours old, it seems a birthdate could be identified if the time of the nurse/app interaction was known. ...more »

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

What is your organization? : Other

Voting

1 vote
1 up votes
0 down votes

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

When are end-user disclosures to a subcontractor not incidental?

I'm a compliance consultant for early stage startups with tight budgets. I'm not sure how to advise them regarding BAAs for third-party services such as customer support ticketing that aren't meant to collect PHI, but may incidentally. (E.g. "[Covered entity] entered my profile information wrong and I don't know how to change it. It should say...") These subcontractors meet the NIST definition of a cloud service provider, ...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)

What is your organization? : Attorney/other compliance consultant

Voting

1 vote
1 up votes
0 down votes

Campaign: Developers and HIPAA

Clarify the definition of PHI for online consumer interactions

I see a great deal of variation from organization to organization on what constitutes PHI in the digital realm. I have several scenarios that I'd like your thought on: - Is public website browsing behavior considered PHI as is suggested in the current Winston Smith V. Facebook case (http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=2175&context=historical)? This could impact a number of common services used ...more »

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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

1 vote
1 up votes
0 down votes

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 »

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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)

What is your organization? : EHR vendor

Voting

1 vote
1 up votes
0 down votes

Campaign: Developers and HIPAA

Offshore development and customer support

Does HIPAA have any restrictions on offshore development and/or customer support functions if the parent company is based in U.S. and/or if the foreign entity is owned and/or controlled by an entity based in U.S.?

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

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

Voting

1 vote
1 up votes
0 down votes

Campaign: Developers and HIPAA

J. Mark Tuthill, Divison Head, Pathology Informatics

We have a question regarding a vendor that claims that they don't need a BAA as they are a "conduit" and are exception. Is there someone at the OCR that could help us adjudicate this problem?

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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), Patients/Individuals/Consumers

What is your organization? : Health care provider or health plan, ACO

Voting

2 votes
2 up votes
0 down votes

Campaign: Developers and HIPAA

Data Recording

I am a student creating an app for school project. I was wondering if I have to be HIPAA compliant. I am creating an app, where diabetics can store their glucose and calculate insulin dosage. None of the information will be sent to hospitals or physicians. How would HIPAA work in this case? Thank you ahead.

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

What is your organization? : Other

Voting

2 votes
2 up votes
0 down votes

Campaign: Developers and HIPAA

EHR Role-Based Controls

What kind of limitations on role-based access does an EHR have to provide in order to comply with the “minimum necessary” standard? For example, if an employee only needs demographic or scheduling information to fulfill their job, does the EHR have to include mechanisms to prevent that employee from accessing other clinical information, or is having audit capability (combined with staff training and written policies) ...more »

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Who are your customers? Check all that apply : 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

Connected Device Maintenance via App

A physician provides their patient with a medical device (like a CPAP or Glucose Meter). The company that created the medical device wants to monitor the maintenance of the machine. All of the information collected by the device that is sent to the physician is covered under a business associate agreement. Can the company that created the medical device receive information about the maintenance/operation of the device ...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

3 votes
3 up votes
0 down votes

Campaign: Developers and HIPAA

App Customization

A consumer focused app receives a request from one of its users, a hospital, for a customization of the product. The customization is created in response to the user request and treated the same as other requests. The app developer then makes it available to their entire user base, not just the requester, and no fee is paid. Does this make the app developer a business associate of the covered entity?

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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

2 votes
2 up votes
0 down votes