I just heard that a practice in our area had a ransomware attack. Based upon their investigation their manager stated that the hacker did not get access to the PHI data and therefore did not need to report to patients or the Dept. of HHS. I question their judgement since I'm not certain if they can tell even tell if the only thing the hacker did was lock them out access to their patient PHI and didn't also create an ...more »
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 »
Is a nonprofit EMS company (501c3) required to have a notice of privacy practices if it is an emergency response group? What aspects of HIPAA are applicable to a nonprofit EMS group?
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?
When implementing external services with clients (such as exposing an API to external clients), are there any HIPAA rules/regulations around testing the implementation in a non-prod environment before going live in production? Are there any concerns with PHI or security with testing an implementation (of say an API with an external client) directly in a production environment?
A covered entity provides test results to patients through a Patient Mobile App or a Website. Patients must request access and data is transmitted securely. Once the patient has custody of the PHI (as a downloaded report on the website, or as received data on the mobile device, is the Covered Entity responsible if the patient loses their own data? Is it required, for example, that the Mobile App be password protected? ...more »
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?
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?
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 »
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 »
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)?
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.