HIPAA Times news | Concise, reliable news and insights on HIPAA compliance and regulations

3 min read

Releasing information in healthcare: Who, what, when, where & why

Tshedimoso Makhene: Jan 8, 2025 6:53:36 AM

The Health Insurance Portability and Accountability Act (HIPAA) imposes stringent confidentiality regulations on medical professionals. However, there are specific situations where they are legally permitted or required to release patient...

HIPAA Compliance

2 min read

Understanding criminal penalties for HIPAA violations

Tshedimoso Makhene: Jan 6, 2025 3:03:28 PM

While the civil penalties for HIPAA violations often get the spotlight, the law also enforces serious criminal penalties for individuals or entities...

Editorial

doctor and lawyer with medical and legal symbols

2 min read

Are healthcare lawyers considered business associates under HIPAA?

Tshedimoso Makhene: Jan 6, 2025 3:27:03 AM

Determining whether a healthcare lawyer is a business associate under HIPAA is context-dependent. The key consideration is whether their services...

HIPAA Compliance

2 min read

Auditing email campaigns

Tshedimoso Makhene: Jan 4, 2025 8:43:09 PM

Auditing email campaigns involves a review of email marketing strategies, content, performance metrics, and compliance with best practices and...

Editorial

2 min read

Can authorization be verbal?

Tshedimoso Makhene: Jan 4, 2025 2:06:10 PM

Verbal authorization can be valid in healthcare under specific circumstances, but it depends on the context, the type of information being disclosed,...

HIPAA Compliance

1 min read

Do you need authorization for face-to-face marketing?

Tshedimoso Makhene: Dec 31, 2024 3:23:20 PM

Face-to-face marketing provides a unique opportunity to connect with patients in a meaningful way. While it is generally exempt from the HIPAA...

Editorial

2 min read

Preventing unauthorized access

Tshedimoso Makhene: Dec 31, 2024 12:53:12 PM

Preventing unauthorized access involves implementing security measures to protect systems, data, and physical assets.

Cybersecurity

1 min read

Can you sell PHI?

Tshedimoso Makhene: Dec 30, 2024 4:31:22 PM

Selling protected health information (PHI) is a sensitive topic that has legal, ethical, and practical concerns. Under the Health Insurance...

HIPAA Compliance

Image of unidentified individuals for blog about For unidentified individuals, the Health Insurance Portability and Accountability Act (HIPAA) guarantees the protection of their privacy even as healthcare providers and law enforcement collaborate to determine their identity. By limiting disclosures to the minimum necessary and requiring proper documentation, HIPAA upholds its mission of safeguarding personal health information, even in complex situations. Unidentified individuals in healthcare settings When healthcare providers encounter unidentified individuals, such as unconscious patients or those unable to confirm their identity, HIPAA still applies to any PHI collected during their care. Providers must handle this information with the same level of confidentiality as they would for identified patients. See also: HIPAA Compliant Email: The Definitive Guide HIPAA and unidentified individuals in legal contexts Providers may encounter situations where law enforcement seeks information about unidentified individuals. The New York State Division of Criminal Justice Services outlines strict conditions under which this information may be shared: Court order, warrant, subpoena, or administrative process: a Provider may disclose information in response to a court order, warrant, subpoena or other administrative process if certain conditions are satisfied. (45 CFR § 164.512(f)(1)(ii)); Identify person: if law enforcement requests information to help identify or locate a suspect, fugitive, material witness or missing person, a Provider may disclose the following limited information: (a) name and address, (b) date and place of birth, (c) social security number, (d) ABO blood type and rh factor, (e) type of injury, (f) date and time of treatment, (g) date and time of death, and (h) a description of distinguishing physical characteristics. Other information related to the individual's DNA, dental records, body fluid or tissue typing, samples, or analysis cannot be disclosed under this provision, but may be disclosed in response to a court order, warrant, or written administrative request. (45 CFR § 164.512(f)(2)). The disclosure must be in response to a request from law enforcement, which may include a response to a

2 min read

How HIPAA protects privacy while addressing unidentified individuals

Tshedimoso Makhene: Dec 30, 2024 11:24:43 AM

For unidentified individuals, the Health Insurance Portability and Accountability Act (HIPAA) guarantees the protection of their privacy even as...

Editorial

2 min read

What is a release of information (ROI) form?

Tshedimoso Makhene: Dec 30, 2024 10:53:02 AM

A Release of Information (ROI) form is a legal document used to obtain a person's consent to disclose their personal information, typically in...

HIPAA Compliance

Image of nurse and patient for blog about HHS OIG issues compliance guidance to enhance standards in nursing facilities

2 min read

HHS OIG issues guidance to enhance standards in nursing facilities

Tshedimoso Makhene: Dec 30, 2024 10:44:30 AM

The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) has released the Nursing Facility Industry Segment-Specific...

Regulatory updates