If you’re a doctor, dentist, or similar medical professional, and you’ve decided to open your own practice, you face a tsunami of choices, opportunities, and challenges. Whether you’re fresh out of residency or leaving the security of an existing practice, it’s both exciting and nerve-wracking. Many online guides promise to help you make this transition in five easy steps or guarantee success [...]
The Florida Department of Health has come under fire for its “COVID-19 Determination of Extreme Vulnerability” form, some claiming that it is a HIPAA violation. But is Florida’s vulnerable form for COVID vaccination a HIPAA violation? What is the Vulnerable Form for COVID Vaccination? Earlier this month, the Governor of Florida, Ron Desantis, issued an executive order allowing pharmacies to provide vaccines to “extremely vulnerable” Florida residents. With [...]
The Department of Health and Human Services (HHS) Office for Civil Rights has entered into a settlement with the Excellus Health Plan, under which Excellus has agreed to pay $5.1 million and to enter into a corrective action plan. The settlement was prompted by an OCR investigation that found widespread noncompliance with provisions of the HIPAA Privacy and Security Rules. As a result of the noncompliance, the data [...]
A recent national study, conducted to determine the effect COVID-19 has had on doctors offices, has found that medical practices are in dire straits. The survey received 713 responses from across the country, including physicians, nurse practitioners, and PAs. COVID-19 and Medical Practices: What Did the Study Find? The results of the study are troubling to say the least. One question asked [...]
To clear up previously released guidance, the Office for Civil (OCR) released new guidance regarding contacting recovered COVID-19 patients for plasma donation. The OCR HIPAA guidance reinforces the allowance of covered entities to contact recovered patients. OCR HIPAA Guidance: Contacting Recovered COVID-19 Patients In June, OCR HIPAA guidance was released stating that HIPAA covered entities are permitted to contact recovered COVID-19 patients [...]
As more and more businesses reopen and make the transition back to the office, many employers are requiring COVID-19 testing. This has led many to ask, if testing employees for COVID-19 is a HIPAA violation. Employer HIPAA violations and COVID-19 testing are discussed below. What are Employer HIPAA Violations? Does HIPAA apply to employers? HIPAA requires covered entities and business associates to [...]
In a Senate hearing held on June 17, Senators discussed the possibility of extending the emergency telehealth protocols once the coronavirus pandemic has passed. The Senate HELP Committee Chairman Sen. Lamar Alexander was particularly vocal on the originating site rule and the expansion of telehealth reimbursement. "Our job should be to ensure that change is done with the goals of better outcomes and better patient experiences at a [...]
As many states move into Phase II of reopening, the Centers for Medicare & Medicaid Services (CMS) has released new guidance for non-emergency care. The CMS guidance provides insight for healthcare facilities wishing to offer non-emergency care, as well as for patients seeking non-emergency care. Do you have an effective HIPAA compliance program? Find out now by completing the HIPAA compliance checklist. CMS Guidance: Reopening Non-emergency Healthcare Facilities [...]
Since the coronavirus pandemic, access to telehealth has increased dramatically. The expansion of telehealth availability has led to improved access to medical care for communities that previously had limited access to healthcare. However, the expansion of access may be threatened if policymakers fail to make emergency access provisions permanent. The proposed expansion of emergency telehealth rules and policies is discussed below. Are you adequately protecting patient data? Find [...]
On June 12, 2020, the Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) issued guidance on whether or not a healthcare provider may use protected health information (PHI) to identify and contact patients who have recovered from COVID-19. The OCR guidance states that HIPAA permits such use of PHI to identify recovered patients, to provide them with information as to how they can [...]
