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 »
I am wondering regarding the need to have a BAA with suppliers that do not store medical data but have data that can lead to medical information like IAM cloud services or services for password management (LastPass or 1 password)
there is no medical information that I transfer but I store user and password to my Medical DB for instance
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 »
Assuming all other identifiers are removed from the data, which dates are considered PHI? The de-identification standard for safe harbor indicates the following must be removed: "(C) All elements of dates (except year) for dates that are directly related to an individual, including birth date, admission date, discharge date, death date, and all ages over 89 and all elements of dates (including year) indicative of such... 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?
I would like to know if I offer an online appointment scheduler to health care providers, would the system and I, as the programmer/manager need to abide by HIPAA or other related laws. Information included in the system would not be medical in nature; it would just be the clients name, appointment date and time, their email address and phone number. Possibly a credit card for deposits, but that's not the concern. The... more »
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 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 »
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?
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?
Healthcare providers place requests for interpreter services on a web portal that the state agency leases from a private vendor. Interpreters then log into the web portal to fish for appointments. They can access the web portal from their computers or mobile devices and do so frequently at public places such as coffee houses, libraries, waiting rooms, etc. where there is no expectation of privacy. All appointments are... more »
We are scheduling patients through an online scheduling app. We've been told patients are de-identified if we only use the first three letters of their first and last name for the scheduling portal. Could you confirm whether or not this is HIPAA compliant?
We make medical devices and sell to CEs through a independent sales team/resellers. Often times where there are some issues with software that runs on devices -- the reseller obtains the corresponding record from CE and uploads to our Customer Support portal. This ticket can contain medical health information. As a device manufacturer are we required to adhere to HIPAA? We may get a few hundred such tickets from different... more »
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 »
A NYS licensed facility providing addiction treatment services has been advised that when a patient has been referred for treatment by another entity (hospital, family agency, courts, etc.) notice that the patient has presented for treatment may not be given to the referring agency without the written permission of the patient. No other PHI would be provided other than the notification.
Is this true?