HIPAA Times news | Concise, reliable news and insights on HIPAA compliance and regulations (66)

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 Portability and Accountability Act (HIPAA), the sale of PHI is strictly regulated, and unauthorized...

HIPAA Compliance

Image of casket for blog about Do the HIPAA Privacy Rule protections apply to the health information of deceased individuals?

2 min read

Do the HIPAA Privacy Rule protections apply to deceased individuals?

Liyanda Tembani: Dec 30, 2024 11:50:38 AM

Yes, the HIPAA Privacy Rule protects the health information of deceased individuals for 50 years following their death. During this time, their...

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

3 min read

Cybersecurity management lessons from healthcare data breaches

Farah Amod: Dec 30, 2024 10:17:18 AM

Cybercriminals have set their sights on the healthcare sector, and recent breaches have shown just how vulnerable this industry has become. With...

Cybersecurity

3 min read

Lateral movement explained: How hackers navigate networks undetected

Lusanda Molefe: Dec 30, 2024 12:00:00 AM

Lateral movement is a tactic in cyberattacks that allows hackers to navigate through a network undetected after gaining initial access. This stealthy...

Cybersecurity

3 min read

How HIPAA protects collaborative healthcare

Kirsten Peremore: Dec 29, 2024 6:32:36 PM

Healthcare organizations need to use collaborative healthcare efforts because they help ensure patients receive the best possible care. This need...

HIPAA Compliance

2 min read

The CISA Preransomware Notifications Initiative

Kirsten Peremore: Dec 29, 2024 6:07:39 PM

The Preransomware Notifications Initiative is a program by the Cybersecurity and Infrastructure Security Agency (CISA) that provides early warnings...

Cybersecurity