Developers and HIPAA

Developers and HIPAA

On Premise Interface Software Developer and Consulting and BAA's

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 »

Submitted by
Add your comment

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

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

Voting

1 vote
1 up votes
0 down votes

Developers and HIPAA

BAAs with Vendors and Providers

If a company has a business associate agreement (BAA) with an electronic medical record (EMR) vendor, does that company also have to sign a BAA with each health care provider or provider group using that EMR in addition to their existing BAA with the vendor?

Submitted by
Add your comment

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

Developers and HIPAA

Is a BAA required with SMS service

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 »

Submitted by
1 comment

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

What is your organization? : Health care provider or health plan, Not for profit

Voting

4 votes
4 up votes
0 down votes

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?

Submitted by
1 comment

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

Developers and HIPAA

Are we HIPAA compliant distributed team.

We are a small startup team that is distributed nationwide. To date everyone has used their own personal computers to login into work email, etc. Is it a requirement that we purchase and make all of our employees use only their work computers for development and access to our db? It's understood that we need a robust password policies and defined lists of who has access to any sensitive data where ever they may be.

Submitted by
Add your comment

Who are your customers? Check all that apply : Health plans or health care providers, Patients/Individuals/Consumers

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

Voting

1 vote
1 up votes
0 down votes

Developers and HIPAA

Data Masking in EMR

Data masking or controlled access provides a means for patients to control disclosure of select information within the EHR. http://www.nature.com/gim/journal/v10/n7/pdf/gim200876a.pdf Can patients request that access to sensitive data be controlled? Can patients request that only certain people can access their PHI? Can they request an audit of how their data has been shared by a covered entity? If so, do (or should) ...more »

Submitted by
Add your comment

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

What is your organization? : Consumer advocacy organization

Voting

0 votes
0 up votes
0 down votes

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?

Submitted by
1 comment

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

Developers and HIPAA

BA Contracts between 2 BAs providing services to CE

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)?

Submitted by
Add your comment

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? : Small company, For profit, Attorney/other compliance consultant

Voting

1 vote
1 up votes
0 down votes

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 »

Submitted by
2 comments

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
Answered Questions

Developers and HIPAA

Cyberinsurance evaluation and options

Does OCR recommend any guides to developers to help them evaluate different kinds of cyberinsurance policies and to determine what types and levels of insurance are needed depending on the application they have developed and for general company compliance?

Submitted by
Add your comment

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, Patients/Individuals/Consumers

What is your organization? : Developer of Mhealth apps (not mobile medical apps), Small company, Your products send, receive, and/or view data/information to/from an EHR or related platform

Voting

0 votes
0 up votes
0 down votes

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 »

Submitted by
Add your comment

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

3 votes
3 up votes
0 down votes

Developers and HIPAA

EHR software partners uses third party API

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 »

Submitted by
1 comment

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

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

Voting

4 votes
4 up votes
0 down votes