Image of two people shaking hands for blog about Is a BAA required for incidental contact with PHI? 

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Is a BAA required for incidental contact with PHI?

In healthcare, protecting patient information is mandatory, and HIPAA sets specific guidelines to ensure that protected health information (PHI) remains secure, including with business associates. But what happens when there’s only incidental or...

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What is the time limit for PHI requests according to HIPAA?

HIPAA requires healthcare providers to respond to a patient’s request for access to their protected health information (PHI) within a specific...

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Texas judge blocks Biden administration rule

A Texas judge has blocked a federal privacy rule, citing conflicts with state laws on abortion and gender care.

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Do hospitals still use onsite data centers?

Hospitals still use onsite physical data centers but are largely switching to cloud-based and/or hybrid models. Onsite data centers are housed in a...

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back of computer server with cloud icon

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A list of HIPAA compliant cloud-based data centers

Healthcare organizations increasingly utilize cloud-based data centers to handle, house, and organize medical files. Given the information included...

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Douglas County, WI Department of Health faces insider threat

The Wisconsin department discovered a former employee accessed patient data for months.

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3d printer

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How 3D printing is changing healthcare and challenging HIPAA

Innovative manufacturing techniques, like 3D printing, are changing clinical practice. It allows clinicians to create physical objects from patient...

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Image of shield for blog about Can you sell PHI?

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Can you sell PHI?

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

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

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Do the HIPAA Privacy Rule protections apply to deceased individuals?

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

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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

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How HIPAA protects privacy while addressing unidentified individuals

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

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Image of form for blog about What is a release of information (ROI) form?

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What is a release of information (ROI) form?

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

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

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HHS OIG issues guidance to enhance standards in nursing facilities

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

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Image of shield for blog about Cybersecurity management lessons from healthcare data breaches

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Cybersecurity management lessons from healthcare data breaches

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

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