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 »
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 »
I am in the process of working with a hospital that is using a marketing software product to integrate forms into a new website project. We have recently got into the discussion regarding HIPAA compliance. It turns out the product's forms are not HIPAA compliant. With that being said the information being captured by these forms on the site are not intended to be capturing medical information. The purpose of these forms ...more »
If my provider is communicating PHI and non-PHI with patients through a 3rd party SMS service, such as Twilio, would my provider be required to sign a BAA with an SMS service company or such a company be classified as a conduit? We are sending encrypted data to the SMS service which is then sending unencrypted SMSs to patients. Patients can then potentially respond to those SMSs via unencrypted SMS which would be directed ...more »
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 »
I have a web application that allows a patient and a doctor to create an account. the patient can upload his medical history and associate scanned files to his account. the patient then selects a doctor within the web application and invites him to have a look at his case files. we are hosting this on a hipaa compliant environment under a BAA agreement. I am the only administrator who manages the system and I manage ...more »
A software company (e.g. a startup) develops an untethered PHR that is offered directly to the patient (consumer). The patient then authorizes PHR to "request" and "pull" (on behalf of patient) all records from all portals offered by healthcare provider EHRs (e.g. by Epic (MyChart), Cerner,...etc). The PHR gets access to all portals using logon credentials provided by the patient (e.g. patient provides all usernames and ...more »
Can someone elaborate on what is allowed for facility directories under 164.510? The regulations say the directory can give the recipient the location of the patient (assuming all other requirements are met)? Can a covered entity (or its business associate) also give directions to the location? Can those directions be transmitted electronically (e.g., via e-mail or otherwise) to someone who asks for the patient by name ...more »
Can someone assist me? We are working with a client of ours who would like us to create a billing application that will be a web based system. It will deal with patient and insurance carrier data. Where do we start? What do we need to do when building the about? Technical? What do we need to do from administration side? We will be dealing with UB-04 for billing.
We have implemented a secure text messaging service for our application. It is quite possible that our customers will communicate ePHI to us using this secure service. Are we required to audit log all messages along with who read the message just in case some of the messages may have ePHI in them?
I am a compliance consultant, seeing an increasing amount of concern from cloud service providers about customers/users sharing PHI via their platforms in clear violation of Terms of Service. (Depending on the platform, customers/users range from individuals to business associates to covered entities.) Specifically, the CSPs are concerned about whether allowing accounts in violation to remain active is somehow tacit acceptance ...more »
Are there any specific requirements that we should keep in mind when putting together a solution to provide PHI to a customer via a chat channel? Would it even be feasible? Assuming customer is identified (previously registered or asked to provide dob or some personal information
Our EHR solution is partnering with another health related software company with a cloud based API product to provide additional solutions for providers. This is a seamless connection. Some PHI would be stored on the API cloud based system while our EHR would also store PHI either on the client server or the cloud. I have several questions. I am assuming that the business associate between our clients/providers ...more »
What triggers acting "on behalf of a covered entity", A, or B, or other? A. A covered entity uses your app (you are not paid or have signed a BA; they just go online and use it). B. Getting hired by them. We have an app that patients and providers use for chronic disease management. Does not integrate with EHR. Patients enter their progress and providers review it and can message back and forth. We think we are not ...more »
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 »