Image of two people shaking hands for blog about Mergers and HIPAA

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Mergers and HIPAA

Picture of Tshedimoso Makhene Tshedimoso Makhene: Jan 8, 2025 6:59:16 PM

Mergers in the healthcare industry can significantly impact compliance with the Health Insurance Portability and Accountability Act (HIPAA). While these transactions promise growth, efficiency, and expanded services, they also introduce complex...

HIPAA Compliance
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Image of gavel for blog about The difference between civil and criminal HIPAA penalties

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The difference between civil and criminal HIPAA penalties

Picture of Tshedimoso Makhene Tshedimoso Makhene: Jan 8, 2025 8:55:39 AM

While both civil and criminal penalties aim to uphold the integrity of HIPAA, the primary difference lies in intent and enforcement. Civil penalties...

Editorial
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Image of lock for blog about A guide to responding and reporting data breaches

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A guide to responding and reporting data breaches

Picture of Tshedimoso Makhene Tshedimoso Makhene: Jan 8, 2025 8:47:54 AM

Responding to and reporting a data breach is a responsibility that requires prompt action, transparency, and adherence to regulatory requirements. By...

Editorial
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Image of lock for blog about FAQs: All things phishing

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FAQs: All things phishing

Picture of Tshedimoso Makhene Tshedimoso Makhene: Jan 8, 2025 7:53:08 AM

Phishing is a cyberattack where criminals attempt to deceive individuals into sharing sensitive information, such as passwords, credit card details,...

Cybersecurity
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floating medical icons

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

Picture of Tshedimoso Makhene 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,...

HIPAA Compliance
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Image of individual in handcuffs for blog about Understanding criminal penalties for HIPAA violations

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Understanding criminal penalties for HIPAA violations

Picture of Tshedimoso Makhene 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
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doctor and lawyer with medical and legal symbols

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Are healthcare lawyers considered business associates under HIPAA?

Picture of Tshedimoso Makhene 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
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Image of someone looking at emails for blog about Auditing email campaigns

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Auditing email campaigns

Picture of Tshedimoso Makhene 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
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Image of patient and provider talking for blog about Can authorization be verbal?

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Can authorization be verbal?

Picture of Tshedimoso Makhene 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
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Image of bullhorn for blog about Do you need authorization for face-to-face marketing?

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

Picture of Tshedimoso Makhene 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
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Image of lock for blog about Preventing unauthorized access

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Preventing unauthorized access

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

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

Cybersecurity
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Image of shield for blog about Can you sell PHI?

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Can you sell PHI?

Picture of Tshedimoso Makhene 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
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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

Picture of Tshedimoso Makhene 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
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