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

Providers feed PHI to your system, does this mean you are a BA?

You have an app to manage chronic care that is primarily driven by the patient and requires patient persmission to share any data, but where providers can enter some data, such as messages, or some information related to the patient's medication. The system is offered independently from a covered entity. Just because providers enter some PHI in the system, are you seen as a BA covered, or you are not a BA as long as ...more »

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Who are your customers? Check all that apply : Other

What is your organization? : Developer of Mhealth apps (not mobile medical apps), Small company

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

Logging Activity within an Application

In order to be HIPAA compliant, should all activity that occurs with in an app be logged, or should activity that exceeds the normal threshold be logged? For instance, users that access information in the application routinely during the course of their work day will evince a regular level of activity. The activity will indicate routine access of sensitive information. Should the log contain all of the users activity, ...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? : Developer working on homegrown apps within a health care setting

Voting

2 votes
2 up votes
0 down votes

Campaign: Developers and HIPAA

Cellular Voice HIPAA Compliant

I'm wondering if Verizon Home Phone connect with a analog phone hooked up to is violates HIPAA in any way. I'm more concerned about cellular technology VS POTS. There is no data transmission only voice.

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

What is your organization? : Government

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?

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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?

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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? : Attorney/other compliance consultant

Voting

1 vote
1 up votes
0 down votes

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.

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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

What does "on behalf of a covered entity mean"

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 »

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Who are your customers? Check all that apply : Other

What is your organization? : Developer of Mhealth apps (not mobile medical apps), Small company

Voting

1 vote
1 up votes
0 down votes

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?

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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

4 votes
4 up votes
0 down votes

Campaign: Developers and HIPAA

Does HIPAA extend to untethered PHRs?

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 »

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

What is your organization? : Your products send, receive, and/or view data/information to/from an EHR or related platform

Voting

2 votes
2 up votes
0 down votes

Campaign: Developers and HIPAA

Unencrypted Text without PHI?

Can a provider, or business associate acting on behalf of a provider, send an unencrypted text or email to a patient if the initial message does not contain protected health information and the patient requested the communication? If so, can the patient give the provider consent to use a third-party mailing service, even if the provider (or business associate of the provider) does not have a business associate 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, General Public, Patients/Individuals/Consumers

What is your organization? : Small company, Trade association

Voting

1 vote
1 up votes
0 down votes