Campaign: Developers and HIPAA

Birthweights/Ages

Certain pediatric tasks require fairly precise ages, for example when evaluating jaundice one must know a baby's age in hours. What precautions are required to ensure that a birthdate cannot be inferred by usage data from an app that automates some of these tasks? For example, if a nurse enters in that a baby is 8 hours old, it seems a birthdate could be identified if the time of the nurse/app interaction was known. ...more »

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

What is your organization? : Other

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Campaign: Developers and HIPAA

When are end-user disclosures to a subcontractor not incidental?

I'm a compliance consultant for early stage startups with tight budgets. I'm not sure how to advise them regarding BAAs for third-party services such as customer support ticketing that aren't meant to collect PHI, but may incidentally. (E.g. "[Covered entity] entered my profile information wrong and I don't know how to change it. It should say...") These subcontractors meet the NIST definition of a cloud service provider, ...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)

What is your organization? : Attorney/other compliance consultant

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Campaign: 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 »

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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

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Campaign: Developers and HIPAA

What is BAA to do with stored patient health info

The scenario is this: A private health clinic (PHC) signs up online to use a web-based EHR application to create patient charts, schedule patients, provide a patient portal, etc. - classic practice management tasks. The EHR vendor has a BAA with a company which hosts its web application and the encrypted database. My question is, what happens to the PHC's electronically stored ePHI if the PHC's account is cancelled and/or ...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)

What is your organization? : EHR vendor

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Campaign: Developers and HIPAA

Offshore development and customer support

Does HIPAA have any restrictions on offshore development and/or customer support functions if the parent company is based in U.S. and/or if the foreign entity is owned and/or controlled by an entity based in U.S.?

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

What is your organization? : Software developer not specific to health care

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Campaign: Developers and HIPAA

HIPAA E-Signature Requirements

We are a small organization starting up a tele-health initiative. We would like to deliver a copy of our Notice of Privacy Practices electronically and have patients acknowledge receipt via check box prior to completing our online intake forms. This method is used for acceptance when one downloads software online. We are having a difficult time understanding the requirements for this. Can it be a check box and/or typed ...more »

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

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

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Campaign: Developers and HIPAA

Provider suggested use of an App - there is a breach

A provider or a wellness management company, which are both subject to HIPAA because they collect and house PHI. If that provider or wellness provider suggest to a patient that they use an app (the app was not developed for them and there has been no communication with the app company that the providers are going to use the app) to gather health data to share with them and the app company suffers a breach of information. ...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

What is your organization? : Trade association

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Campaign: Developers and HIPAA

Unencrypted PHI in the Cloud

From Kevin Wiggins, Saul Ewing: If a CE puts PHI on the Cloud and later terminates that Cloud as a service provider, there is inevitably some data remanence, thus leaving PHI on the Cloud. NIST Special Publication 800-80 addresses this by suggesting CEs use crypto-erase. What if the CE previously sent unencrypted PHI to the Cloud? Is it as simple as extending the protections of the contract to the information and ...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), Health plans or health care providers

What is your organization? : Attorney/other compliance consultant

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Campaign: Developers and HIPAA

Sale of Data Collected by a Consumer Targeted App

We are not a covered entity or business associate. We are developing a direct-to-consumer app that tracks medication adherence. We want to de-identify the information the app collects to sell to third parties. Do we follow the same HIPAA de-identification processes that a covered entity or business associate would follow?

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

What is your organization? : Small company, Software developer not specific to health care

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Campaign: Developers and HIPAA

Are We a Covered Entity?

A business associate provides no medical advice, medical services, medical devices, etc. But it talks to patients of the covered entity. Those patients tell the business associate what prescriptions they have for prescription drugs and when they must be refilled. The business associate faxes the refill request to the pharmacy. Does that make the business associate a covered entity?

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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

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Campaign: Developers and HIPAA

Are Cloud Storage providers BAs?

Is a company that provides encrypted cloud storage for a covered entity a BA if it does not have the encryption key and has no ability to access the IIHI?

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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

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2 votes
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Campaign: 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┬áneedlessly 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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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

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3 votes
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