In 1973, President Richard Nixon’s Chief of Staff H.R. Haldeman warned White House Counsel John Dean against talking to prosecutors investigating the growing Watergate scandal, telling him “Once the toothpaste is out of the tube, it’s going to be very hard to get it back in,” and a useful idiom was born. Personal
A Movement to Consider: Telepsychiatry in New York State
In a post on February 28, Fox associate Kristen Marotta discussed the privacy and security issues arising from the growing use of telemedicine, particularly for mental health treatment. Now on the firm’s Physician Law blog, Kristen continues her discussion of telepsychiatry by diving into recent developments in New York State surrounding the innovative practice
Perks and Tips for the Recent Medical Graduate: Telemedicine and HIPAA
Kristen Marotta writes:
Many believe that educated millennials are choosing to work in urban, rather than rural areas, during their early career due to societal milestones being steadily pushed back and the professional opportunities and preferences of a young professional. Recent medical school graduates are a good example of this dichotomy. The shortage of
The President Can Tweet, But Can a Doctor Text?
Text messaging is a convenient way for busy doctors to communicate, but for years, the question has remained: are doctors allowed to convey sensitive health information with other members of their provider team over SMS? The answer is now “yes,” thanks to a memo published last week by the U.S. Department of Health & Human
There’s An App For That Health Information – But is it HIPAA-Covered?
“Maybe” is the take-away from recent guidance posted on OCR’s mHealth Developer Portal, making me wonder whether the typical health app user will know when her health information is or is not subject to HIPAA protection.
The guidance is clear and straightforward and contains no real surprises to those of us familiar with HIPAA,
Apple, the FBI, and iPhone Encryption: A Battle of Biblical Proportions with Implications for HIPAA
Whether it was an apple or a quince, pomegranate, or some other more botanically-likely fruit growing in the Garden of Eden, God’s command in Genesis was clear: do not eat the fruit from the tree of the knowledge of good and evil. When Adam and Eve ate the apple (or other fruit) anyway, they gained
Six Tips for Providers to Reduce the Risk of Obtaining Unreliable HIPAA Compliance and Protection Software
Our partner Elizabeth Litten and I had a recent conversation with our good friend Marla Durben Hirsch who quoted us in her Medical Practice Compliance Alert article, “Beware False Promises From Software Vendors Regarding HIPAA Compliance.” Full text can be found in the February, 2016, issue, but some excerpts regarding 6 tips to reduce the
Patient Data Must Be Encrypted, Not “Camouflaged”, as Per FTC Settlement
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
Emailing PHI? NIST Seeks Comments on Trustworthy Email by November 30, 2015
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
The Jiggery-Pokery of HIPAA Hacks
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: