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HIPAA, HITECH & HIT Legal Issues, Developments and Other Pertinent Information Relating To The Creation, Use and Exchange of Electronic Health Records

Tag Archives: HIPAA

HIP-HIP(AA)-HOORAY: Margaret Davino, Esq. Joins Fox Rothschild HIPAA Team and Offers 5 Tips for 2016 HIPAA Compliance

Posted in HIPAA Enforcement, Privacy & Security

I’m sure fellow bloggers Bill Maruca and Michael Kline join me in giving three cheers for the recent growth in our firm’s health care practice (welcome, Minneapolis!) and ever-deepening pool of attorneys dealing with clients’ privacy and data security issues. But one recent addition to our team, Margaret (“Margie”) Davino, gets a fourth cheer for… Continue Reading

Election Year Predictions: Expansion of Federal Healthcare Privacy Regulation

Posted in HIPAA Enforcement, Privacy & Security

Our partner Elizabeth Litten and I were quoted by our good friend Marla Durben Hirsch in her article in Medical Practice Compliance Alert entitled “6 Compliance Trends Likely to Affect Your Practices in 2016.” Full text can be found in the January 13, 2016, issue, but a synopsis is below. For her article, Marla asked… Continue Reading

Patient Data Must Be Encrypted, Not “Camouflaged”, as Per FTC Settlement

Posted in Health IT, Privacy & Security

Health care vendors beware: if you tell customers that your product provides industry-standard encryption of protected health information in compliance with HIPAA, you’d better be sure it doesn’t simply “camouflage” the data. The FTC recently announced a $250,000 settlement with Henry Schein Practice Solutions, Inc. (“Henry Schein”) for falsely advertising that the software it marketed… Continue Reading

Some Issues for Providers Regarding Involvement of Authorities in Patient ID Checks

Posted in Articles, Medical Identity Theft, Privacy & Security

Our partners Elizabeth Litten and William H. Maruca and I were quoted by our good friend Marla Durben Hirsch in her article in Medical Practice Compliance Alert entitled “Watch for HIPAA Pitfalls When Involving Police in ID Checks.” Full text can be found in the October 26, 2015, issue, but a synopsis is below. Marla’s… Continue Reading

Emailing PHI? NIST Seeks Comments on Trustworthy Email by November 30, 2015

Posted in Health IT, HIPAA Enforcement, Privacy & Security, Uncategorized

When and how should you email PHI, if at all?  The Office for Civil Rights (OCR) offers guidance as to the permissibility of sending PHI via email in this “Frequently Asked Question” answer, but doesn’t provide specifics as to how PHI can be safely emailed.  Whether you are a covered entity or a business associate… Continue Reading

5 Practical Steps for Business Associate Compliance

Posted in HIPAA Business Associates

Congratulations!  You have a HIPAA-compliant business associate (or subcontractor) agreement in place – now what? How can you implement the agreement without becoming a HIPAA guru? There are many resources available that offer detailed guidance on risk analysis and implementation protocols (such as the Guide to Privacy and Security of Electronic Health Information published by… Continue Reading

How the NIST Cybersecurity Framework Can Help With HIPAA Compliance: 3 Tips

Posted in Privacy & Security

As our partner Mark McCreary writes in his post describing the “Framework for Improving Critical Infrastructure Cybersecurity” published by the National Institute of Standards and Technology (NIST): The Framework is designed to work with businesses to reach a sufficient level of cybersecurity protection regardless of size, sector, or level of security.  The Framework consists of… Continue Reading

Six Tips for Physicians to Protect Patient Data on the Internet

Posted in HIPAA Enforcement, Privacy & Security

Our partner Elizabeth Litten and I were once again quoted by our good friend Marla Durben Hirsch in her recent articles in Medical Practice Compliance Alert entitled “Misapplication of Internet Application Triggers $218,400 Settlement” and “Protect Patient Data on the Internet with These 6 Steps.”  The three of us together were able to come up… Continue Reading

Hackers: Take My Health Information, But Please Don’t Take My Health

Posted in Privacy & Security, Sensitive Health Information

We know by now that protected health information (PHI) and other personal information is vulnerable to hackers.  Last week, the Washington Times reported that the Department of Health and Human Services (HHS), the agency responsible for HIPAA enforcement, had suffered security breaches at the hands of hackers in at least five separate divisions over the… Continue Reading

HIPAA-Type Protections Are Not Just For Humans – When It Comes To Medical Records, Animals Have Privacy Rights, Too (Part 1)

Posted in Privacy & Security, Sensitive Health Information

Co-authored by Nancy Halpern, DVM, Esq.; also posted on Animal Law Update HIPAA does not protect animals’ health information – it applies to the protected health information (or PHI) of an “individual”, defined as “the person who is the subject of” the PHI. However, state laws governing the confidentiality of health information also come into… Continue Reading

Athletes Do Not Leave Their HIPAA Rights At The Locker Room Door

Posted in Articles, Privacy & Security

HIPAA has made an unlikely appearance twice already this month in news reports involving famous athletes. Between the Pierre-Paul medical record tweet by ESPN reporter Adam Schefter earlier this month (discussed by my partner and fellow blogger Bill Maruca here) and the ticker-tape parade featuring confetti made of shredded (but apparently legible) medical information raining… Continue Reading

Expert Interview with William Maruca About Protecting Medical Records

Posted in HIPAA Business Associates, Privacy & Security

Our partner Bill Maruca, who is the Editor and a frequent contributor to this blog, was recently interviewed by PracticeSuite as part of their Expert Interview program.  In the course of his interview, Bill discusses patient confidentiality, keeping records safe and private, and trends in the medical billing industry.  One important recommendation by Bill is taken from his… Continue Reading

The Jiggery-Pokery of HIPAA Hacks

Posted in Health IT, Privacy & Security

I must thank Justice Scalia for injecting this delightfully descriptive term into the realm of health care.  Justice Scalia’s scathing dissent from the majority in the recent Supreme Court decision interpreting the Patient Protection and Affordable Care Act is rife with memorable expressions, but this is my favorite. The Merriam Webster definition of jiggery-pokery is:… Continue Reading

When Privacy Policies Should NOT Be Published – Two Easy Lessons From the FTC’s Nomi Technologies Case

Posted in Privacy & Security

This case has nothing to do with HIPAA, but should be a warning to zealous covered entities and other types of business entities trying to give patients or consumers more information about data privacy than is required under applicable law.  In short, giving individuals more information is not better, especially where the information might be… Continue Reading

Providers: Beware of HIPAA and Patient Privacy Rules During Employment Disputes

Posted in Privacy & Security

Our partner Elizabeth Litten and I were once again quoted by our good friend Marla Durben Hirsch in her recent article in Medical Practice Compliance Alert entitled “Beware of HIPAA, Patient Privacy During Practice Employment Disputes.”  The full text can be found in the March 30, 2015 issue of Medical Practice Compliance Alert, but a… Continue Reading

Doctor is Arrested for Allegedly Stealing Thousands of Patient Records

Posted in Privacy & Security

Our partner Elizabeth Litten and I were quoted by our good friend Marla Durben Hirsch in her recent article in Medical Practice Compliance Alert entitled “Doctor is Arrested for Stealing Thousands of Patient Records.”  While the full text can be found in the February 16, 2015 issue of Medical Practice Compliance Alert, the following considerations… Continue Reading

When HIPAA Applies to Patient Assistance Programs (and When it Doesn’t), Part 2

Posted in Privacy & Security

I posed a question in Part 1 of this post which I will summarize here:  is personal health information provided to a Patient Assistance Program (PAP) in order to help with covering the cost of prescription drugs protected as “protected health information” (PHI) under HIPAA? Let’s use two examples.  Say Patient A, who knows he… Continue Reading

MINNESOTA BLUES GET HEALTH RECORDS SNOOPING BLUES

Posted in Articles, HIPAA Enforcement, Security Breach Notification

A registered nurse employed by Minnesota Blue Cross Blue Shield (BC/BS) with a history of drug offenses allegedly accessed a prescription drug database 249 times without a legitimate purpose, according to a report by Minneapolis CBS affiliate WCCO posted by reporter Esme Murphy. The nurse, Jim Johnson, reportedly had been previously assigned by BC/BS under… Continue Reading

When HIPAA Applies to Patient Assistance Programs (and When It Doesn’t)

Posted in Privacy & Security

Patient Assistance Programs (PAPs) have proliferated in recent years, despite the fact that many commonly-prescribed medications have lost patent protection and the Affordable Care Act (ACA) has attempted to eliminate pre-existing condition discrimination by insurance companies.  Still, drug costs remain unaffordable to many patients, particularly those with high-cost, chronic conditions, even when patients have insurance… Continue Reading

Protecting Health Information in the Context of Divorce Proceedings and Domestic Relations – Part III

Posted in Privacy & Security, Sensitive Health Information

(Part III continues Part I and Part II of this series on privacy of health information in the domestic relations context, which may be found here and here. Capitalized words not defined in this Part III shall have the meanings assigned in Part I or Part II.) 6. The situation can be further complicated by… Continue Reading

Protecting Health Information in the Context of Divorce Proceedings and Domestic Relations – Part II

Posted in Privacy & Security, Sensitive Health Information

(Part I of this series on privacy of health information in the domestic relations context may be found here. Capitalized words not defined in this Part II shall have the meanings assigned in Part I.) Tips on dealing with IHI Issues in the Domestic Relations Context 1. Whether an individual is in a stable domestic relations… Continue Reading

Protecting Health Information in the Context of Divorce Proceedings and Domestic Relations – Part I

Posted in Privacy & Security, Sensitive Health Information

The November 2014 ruling in the Connecticut Supreme Court in the case of Byrne v. Avery Center for Obstetrics and Gynecology, P.C., — A.3d —-, 2014, WL 5507439 (2014) (the “Byrne case”) has been discussed in a number of posts on this blog, including those here and here. The main focus of such posts has… Continue Reading

“Digital Quarantine” or Vaccination? What Cybersecurity Experts Can Learn from Health Care

Posted in Health IT, Privacy & Security

Perhaps the health care industry has a cybersecurity solution staring us in the face:  vaccines.  Perhaps we should be trying to vaccinate our data storage systems rather than relying on firewalls to quarantine them.  In an article posted on www.philly.com, Associated Press author Youkyung Lee says cybersecurity defense has traditionally been based “on the idea… Continue Reading