Many employers who have had it drilled into them that HIPAA applies to protected health information (PHI) of employees are often surprised to learn that the applicability of HIPAA to employee health information (EHI) is actually quite narrow. HIPAA only applies to EHI related to the employer’s group health plans (such as medical, dental, employee
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
Beware: HIPAA Applies to the Health Plans You Never Knew You Had (Part 2: Wellness Programs)
Many employers who offer wellness programs to their employees may not have considered compliance with HIPAA privacy, security and breach notification rules (collectively, “HIPAA Rules”), since they don’t think of their wellness programs as a group health plan. Part 1 of this post covered why most employee assistance programs (“EAPs”) are subject to the HIPAA
Beware: HIPAA Applies to the Health Plans You Never Knew You Had (Part 1: Employee Assistance Programs)
You may be surprised to learn that those “extra” benefits your company offers to its employees such as your employee assistance program (“EAP”) and wellness program likely are subject to the HIPAA privacy, security and breach notification rules (collectively, “HIPAA Rules”). Part 1 covers why most EAPs are subject to the HIPAA Rules. Part 2
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
New HIPAA Guidance on Disclosure of PHI Related to Opioid Abuse and Mental Health
In our most recent post, the Top 5 Common HIPAA Mistakes to Avoid in 2018, we noted that the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) has recently published guidance on disclosing protected health information (PHI) related to overdose victims. OCR published this and other guidance within the last
Florida Supreme Court Rules That Privacy Continues After Death
On November 9, the Florida Supreme Court ruled in the case of Emma Gayle Weaver, etc. v. Stephen C. Myers, M.D., et al., that the right to privacy under the Florida Constitution does not end upon an individual’s death. Fox partner and HIPAA Privacy & Security Officer Elizabeth Litten recently reacted to the decision
“Getting Receipts” – The Millennial Disconnect Between Short-Term Social Media Posts and HIPAA
Long gone are the days when social media consisted solely of Myspace and Facebook, accessible only by logging in through a desktop computer at home or personal laptop. With every single social media platform readily available on personal cellular devices, HIPAA violations through social media outlets are becoming a frequent problem for healthcare providers and
Equifax Breach Checker – Curiosity May Have a Cost (But it’s Refundable)
Individuals who have received notice of a HIPAA breach are often offered free credit monitoring services for some period of time, particularly if the protected health information involved included social security numbers. I have not (yet) received such a notice, but was concerned when I learned about the massive Equifax breach (see here to view