As discussed in our prior health law update, New Limits on Minor Consents in Idaho, effective July 1, 2024, parents generally will have the right to access the medical records of their unemancipated minor children subject to...more
4/30/2024
/ Consent ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Medical Records ,
Minor Children ,
Parental Rights ,
PHI ,
Preemption
Idaho’s new Virtual Care Access Act (the “Act”) amends Idaho’s existing law to make it easier to render telehealth in Idaho effective July 1, 2023. The requirements of the new Act are summarized below....more
4/25/2023
/ Continuity of Care ,
Enforcement ,
Health Care Providers ,
Healthcare ,
Informed Consent ,
Licensing Rules ,
Medical Records ,
Patient Referrals ,
Prescription Drugs ,
Public Health ,
Telehealth
Idaho’s new Virtual Care Access Act (the “Act”) amends Idaho’s existing law to make it easier to render telehealth in Idaho effective July 1, 2023. The requirements of the new Act are summarized below....more
4/10/2023
/ Clinical Evaluations ,
Continuity of Care ,
Electronic Prescribing ,
Health Care Providers ,
Healthcare ,
Medical Records ,
New Legislation ,
Patient Referrals ,
Patients ,
Relationship Development ,
Standard of Care ,
State and Local Government ,
Technology ,
Telehealth ,
Telemedicine
With limited exceptions, HIPAA generally gives individuals the right to access or obtain copies of their protected health information ("PHI") from covered entities. (45 CFR § 164.524(a)). But the right of access does not...more
Telehealth expanded dramatically in response to the COVID pandemic. Now that providers, patients, payers and public officials have seen the benefits, it is almost certain that telehealth will continue to play an increasingly...more
9/1/2020
/ Coronavirus/COVID-19 ,
Disclosure Requirements ,
Health Care Providers ,
Informed Consent ,
Medical Records ,
Physician Assistants ,
Physicians ,
Prescription Drugs ,
Standard of Care ,
Telehealth ,
Verification Requirements ,
Waivers
In an era of decreasing reimbursement and rapidly expanding opportunities associated with “big data”, healthcare entities may be looking for ways to monetize protected health information (“PHI”) for their own, non-patient...more
2/20/2020
/ Business Associates ,
Business Associates Agreement (BAA) ,
Consent ,
Consumer Privacy Rights ,
Covered Entities ,
Data Collection ,
Data Privacy ,
Data Sellers ,
Data Use Policies ,
De-Identified Protected Health Information ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Information Sharing ,
Medical Records ,
Notice Requirements ,
OCR ,
PHI ,
Privacy Policy
Thanks to a federal judge, the Office for Civil Rights has modified its rules for sending records to third parties. Covered entities are no longer required by HIPAA to send non-electronic protected health information (“PHI”)...more
2/10/2020
/ Business Associates ,
Covered Entities ,
Data Protection ,
Data Transfers ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Omnibus Rule ,
HITECH Act ,
Medical Records ,
OCR ,
Patient Privacy Rights ,
PHI ,
Records Request ,
Right of Access
The HIPAA privacy rules give special protection to “psychotherapy notes,” but providers often misunderstand what are and are not covered and how they differ from other mental health records.
I. “Psychotherapy Notes”...more
1/29/2020
/ Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Facilities ,
HIPAA Privacy Rule ,
Medical Records ,
Mental Health ,
NPRM ,
OCR ,
Professional Disciplinary Actions
Medical Record Retention Guidelines for Wyoming
Clients frequently ask us how long they should retain medical records and related business records. The answer depends on various factors, including the type of record,...more
Medical Record Retention Guidelines for Utah
Clients frequently ask us how long they should retain medical records and related business records. The answer depends on various factors, including the type of record, applicable...more
Medical Record Retention Guidelines for Idaho
Clients frequently ask us how long they should retain medical records and related business records. The answer depends on various factors, including the type of record,...more
There is a common misunderstanding that healthcare providers may not or should not produce medical records that were created by another healthcare provider.
Under HIPAA, patients have a right to access all records that a...more