Developers and HIPAA

Developers and HIPAA

Risk Assessment Tool

Small companies and Business Associates are eager to meet their security requirements under HIPAA. Many smaller B.A.s have stated that they are unable to use the current security risk assessment tool because they believe it is needlessly cumbersome, redundant, and designed for Covered Entities. Do you recommend that Business Associates start to use private tools instead of the current tool for risk assessments? If so, ...more »

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3 votes
3 up votes
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Answered Questions

Developers and HIPAA

Text messaging and HIPAA

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 »

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23 votes
23 up votes
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Developers and HIPAA

When does a Patient Record(PR) become realized?

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 »

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1 vote
1 up votes
0 down votes

Developers and HIPAA

Help with business associate agreements

There is a lack of transparency around the content of Business Associate Agreements (BAAs), a lack of sample BAA language around the topics developers care about, such as cloud storage & PGHD, and a lack of bargaining power on the part of startups. This has led to many challenges for the industry, resulting in high legal fees which may be a barrier to entry for many companies. HHS should issue sample BAA language around ...more »

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5 votes
5 up votes
0 down votes
Answered Questions

Developers and HIPAA

PII and PHI

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 »

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2 votes
2 up votes
0 down votes

Developers and HIPAA

HIPAA Requirements for data cabling

I am looking to find a HIPAA regulation that tells me whether or not a healthcare facility needs to have all TIA/EIA-568-B certified data cables. I know this would fall under data integrity, but I cannot find where in HIPAA that it states that best practice or industry standards must be met.

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1 vote
1 up votes
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Developers and HIPAA

How granular should logs be in saving access-to-PHI events?

As a software developer in the role of business associate I have read about what needs to be captured and stored by software that handles PHI for a covered entity. To be a good vendor, we want to provide our customer the requisite log data about user credentialing (adds, permissions, changes, disables, deletes), and about PHI activity within our software product. We currently log all changes to PHI made by our product. ...more »

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2 votes
2 up votes
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Developers and HIPAA

PHI request through SMS from provider

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 »

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9 votes
9 up votes
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Developers and HIPAA

Are CSPs that don't enforce ToS tacitly accepting a BA role?

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 »

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2 votes
2 up votes
0 down votes

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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5 votes
5 up votes
0 down votes
Answered Questions

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 »

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7 votes
7 up votes
0 down votes