The HIPAA Privacy and Security Rules require covered entities (including healthcare providers and health plans) and their business associates to protect patient information stored or transmitted electronically, including...more
Law enforcement officers often request or demand that Idaho hospitals draw blood or conduct other tests on patients for law enforcement purposes; nevertheless, the general rule remains that patients (including persons in...more
3/6/2025
/ Compliance ,
Consent ,
Criminal Prosecution ,
Data Privacy ,
DUI ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Hospitals ,
Patient Privacy Rights ,
PHI
Idaho’s new parental consent law took effect July 1, 2024. Under the new law:
“[A]n individual shall not furnish a health care service or solicit to furnish a health care service to a minor child without obtaining the...more
On June 20, 2024, a Texas federal court vacated the Office for Civil Rights’ (OCR's) controversial guidance concerning Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates, available here....more
The HIPAA Privacy, Security, and Breach Notification Rules apply to healthcare providers who engage in certain electronic transactions, healthcare clearinghouses, and health plans, including employee group health plans with...more
5/30/2024
/ Affirmative Defenses ,
Breach Notification Rule ,
Cause of Action Accrual ,
Civil Monetary Penalty ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Employee Training ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
HIPAA Privacy Rule ,
HIPAA Security Rule ,
OCR ,
Penalties ,
PHI ,
Popular
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
HIPAA applies to both covered entities (e.g., healthcare providers and health plans) and their business associates. A “business associate” is generally a person or entity that “creates, receives, maintains or transmits”...more
10/25/2023
/ Business Associates ,
Business Associates Agreement (BAA) ,
Covered Entities ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Security Rule ,
OCR ,
Patient Confidentiality Breaches ,
PHI ,
Security Risk Assessments ,
Software ,
Subcontractors
The HIPAA Privacy and Security Rules generally require covered entities (including most healthcare providers) to execute written agreements (“business associate agreements” or “BAAs”) with their business associates before...more
10/20/2023
/ Business Associates ,
Business Associates Agreement (BAA) ,
Civil Monetary Penalty ,
Covered Entities ,
Data Breach ,
Disclosure Requirements ,
Electronic Protected Health Information (ePHI) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
HIPAA Privacy Rule ,
HIPAA Security Rule ,
HIPAA Violations ,
OCR ,
Penalties ,
PHI ,
Settlement ,
Subcontractors ,
Termination ,
Written Agreements
The HIPAA privacy rules (45 CFR § 164.501 et seq.) generally prohibit healthcare providers and their business associates from disclosing protected health information in response to subpoenas and other government demands...more
9/18/2023
/ Confidentiality Agreements ,
Disclosure Requirements ,
Grand Juries ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Jurisdiction ,
Law Enforcement ,
Noncompliance ,
PHI ,
Protective Orders ,
Public Health ,
Subpoenas ,
Warrants ,
Workers’ Compensation
Given the COVID-19 vaccine mandates, employers—including healthcare entities—will need to confirm their employees’ vaccination status. Employers and healthcare providers must ensure they comply with privacy rules relating to...more
9/24/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disclosure Requirements ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
PHI ,
Vaccinations ,
Virus Testing
The HIPAA privacy and security rules impose significant requirements on covered entities and their business associates; violations may result in penalties ranging from $119 to $59,522 per violation. (45 CFR § 160.404; 45 CFR...more
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
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
Healthcare providers sometimes mistakenly assume that they cannot contact a patient’s spouse, parents, or other third parties to obtain payment without the patient’s consent. However, HIPAA generally allows healthcare...more
Business associates may want to use a covered entity’s protected health information (“PHI”) for the business associates’ own purposes, e.g., for their own product development, data aggregation, marketing, etc. However, with...more
9/6/2019
/ Business Associates ,
Covered Entities ,
Cybersecurity ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
OCR ,
PHI
Question: May I share records with another healthcare provider without the patient’s authorization?
Answer: It depends on the purpose. If the disclosure is for purposes of the patient’s treatment, including continuation of...more
The HITECH Act extended certain HIPAA obligations to business associates, including those entities that create, receive, maintain or transmit protected health information (“PHI”) on behalf of covered entities. Business...more
Failing to have HIPAA business associate agreements (“BAAs”) can result in significant penalties for healthcare providers and business associates. Last month, the OCR imposed a $500,000 settlement and robust corrective action...more
So you just discovered that protected health information (“PHI”) from your organization was improperly accessed or disclosed. Are you required to self-report the violation to the affected individual and HHS?
HIPAA Breach...more
HIPAA privacy and security violations can result in fines of $110 to $55,100 to covered entities (including healthcare providers and health plans) and their business associates. (45 CFR 160.404). If the violation resulted...more
10/22/2018
/ Cyber Attacks ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Electronic Medical Records ,
Hackers ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
Notice Requirements ,
OCR ,
Personally Identifiable Information ,
PHI
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