I'm working on an app for a therapist to send a list of exercises to their patient's mobile device from their desktop for the patient to perform at home. The therapist can view if the patient is checking off their exercises and reporting thier completion each day. No information is being transmitted in regards to the patient's diagnosis or condition, only the list of exercises to be performed at home and the patient's... more »
I work for a software manufacturer that produces software that interfaces our customers various clinical systems to their EHR's and other applications. We do not store, maintain, transmit or manage PHI for our customers. We do configure their HIT interfaces that manage, transmit and modify PHI. Our technicians also routinely see PHI as they are helping customers troubleshoot issues and perform configuration changes.... 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 »
Does having identifiable information of a person and the name of the health insurance company they are enrolled in (or name of other covered entity) constitute a PHI record? 1. Would a text message sent to an individual that includes the name of their health insurance company (but no other health information) be subject to HIPAA regulations? 2. Would a text message sent to an individual that includes the name of their... more »
The topic came up in a planning session around the point in time when a PR becomes a PR. Let's say we are writing an app for first responders. If the user collects name, date of birth, and vital signs. Does the PR become legally protected as soon as the First name is collected, or is there some threshold of data size(fields, values, etc.) that indicates that the PR has been created in legal terms for HIPPA protection?... 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 »
Is a BA Contract required between a BA providing PHI to another BA of a CE? (for example, a CE requests their EHR vendor to send PHI to a data analytics firm OR a CE requests a data analytics firm to send PHI to another vendor doing work on the CE's behalf)?
The mental health organization I am working with wants to install cameras in an area where people receive services (so they are identified by face and as being in need of the service provided). The organization will have an app to monitor camera activity etc but they want an existing telecommunications company to install and maintain the cameras and the video/images. The company they have chosen has never and will not... more »
One of our physicians requested the use of a website which requires a patient to create an account, then the physician can add medical information about that individual, so the individual can then filter an e-commerce platform to make purchases that are consistent with their medical conditions. As we would be offering the service to patients and uploading the PHI, this would fall under a business associate relationship.... 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 »
The introduction of FHIR to the 2015 CEHRT has opened the door for 3rd party applications to receive patient health information directly from an EHR without an agreement in place between the health care provider or the EHR vendor. Even though the patient has selected it, shouldn't the 3rd party app be responsible for the protection of the patient's health information and be held to the same standards as the EHR vendor?... more »
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?
We're a non profit organisation seeking to deploy an open-source health management application for use. We classify as a Business Associate as we provide services for a health care provider under HIPAA. We urgently need to know what exactly are the requirements a health information system needs to meet in order to satisfy HIPAA. It would be helpful to know if there's some document or checklist to work with. We'd also... more »
We are developing an iOS App that will be used by a collaborative group of agencies that provide care services to members of the community. Most agencies are Medicaid paid related but the cooperative includes non-healthcare community agencies that are 'referral partners'. If a member of a participating agency engages a member of the community that needs some form of care, the agency uses our App to complete a Referral... more »
We have a computer that will never have network access, it is completely stand alone. It is used to process x-rays and then burn the data to CD. Does this computer still need to have a compliant OS on it?