Vaccine Passports and HIPAA

With states starting to issue vaccine passports, proving that a resident has been vaccinated against COVID, many have been asking, is this a HIPAA violation? To provide guidance, immunization passports and HIPAA implications are discussed. Do Vaccine Passports Violate HIPAA? There has been a lot of debate as to whether or not businesses would be in violation of HIPAA by requiring customers to provide proof of vaccination to [...]

2022-06-02T16:12:18-04:00April 7th, 2021|

OCR Enforcement Discretion and COVID Vaccination

Since the release of the COVID-19 vaccine, healthcare organizations have scrambled to provide patients with timely vaccination. With the difficulties in scheduling vaccines, some providers have turned to non-traditional appointment scheduling platforms, such as Eventbrite. In an effort to ease vaccine initiatives, the Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) announced that, as of December 11, 2020, it will exercise enforcement discretion for [...]

2021-01-21T11:58:04-05:00January 21st, 2021|

HIPAA and COVID: Is Violating HIPAA a Crime?

A recent federal lawsuit in Virginia illustrates both how far an employer can go in asking employees about COVID-19 diagnosis, as well as how far HIPAA law prevents such inquiries. In this case, the plaintiff, because of an incorrect belief about what constitutes a crime under HIPAA, lost his job. Is violating HIPAA a crime? Yes, but only in narrow circumstances. Is Violating HIPAA a Crime: The Lawsuit [...]

2021-02-10T18:10:12-05:00December 7th, 2020|

HIPAA Compliance Management: How to Manage Your HIPAA Compliance

HIPAA consists of a complex set of rules and regulations that healthcare organizations have an obligation to adhere to. So how can you manage your HIPAA compliance in a simplified manner? To provide guidance, HIPAA compliance management is discussed. HIPAA Compliance Management and HIPAA Software Although you can manage your HIPAA compliance on your own, it is likely that by doing so, you will fail to address one [...]

2020-11-19T13:26:58-05:00November 24th, 2020|

Telehealth Waiver Beyond the Pandemic

Amid the coronavirus pandemic, the need for telehealth services led the Department of Health and Human Services (HHS) to temporarily ease restrictions surrounding its use. However, at some point the emergency telehealth waiver will expire.  What Was the Purpose of the Telehealth Waiver The HHS passed the emergency telehealth waiver in an effort to increase access to telehealth, and allow providers to [...]

2020-11-19T13:26:59-05:00November 19th, 2020|

Another HIPAA Right of Access Settlement Announced 

HIPAA right of access fines seem to be growing on trees these days. The Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has announced its tenth HIPAA right of access settlement this year. More details are discussed below. Riverside Psychiatric Medical Group HIPAA Right of Access Settlement Riverside Psychiatric Medical Group (RPMG) has agreed to pay the HHS’ [...]

2022-02-16T10:44:34-05:00November 9th, 2020|

Does HIPAA Prohibit the Sharing of President Trump’s Health Information?

In light of President Trump's positive COVID diagnosis, a lot of people are wondering if it is permitted to share his health information with the public. Generally under HIPAA, healthcare organizations are prohibited from sharing a patient's health information without authorization from the patient. However, as the President of the United States, Trump’s health condition is a matter of national security, so do the general rules [...]

2022-05-06T13:55:34-04:00October 5th, 2020|

Does My Staff Need HIPAA Training?

Does my staff need HIPAA training, is a common question asked by organizations. Does your organization handle, or have the potential to view, protected health information (PHI)? If so, your staff needs HIPAA training. More details on what types of organizations are required to conduct HIPAA training, and what should be included in HIPAA training, are discussed below. Does My Staff Need [...]

2020-11-16T13:16:51-05:00September 28th, 2020|

Lawsuit Claims EHR Violated HIPAA Right of Access

A lawsuit filed by Sherry Russell claims that HealthAlliance Hospital and Ciox Health denied access to her deceased husband’s medical records. If her claims are true, the healthcare organizations violated the HIPAA right of access provision. More details about the lawsuit are discussed below. HIPAA Right of Access Violation Sherry Russell requested her deceased husband’s medical records so that she may file [...]

2020-11-16T09:02:40-05:00September 23rd, 2020|

HHS Amends Substance Abuse Records Confidentiality Rules

Recently, the 42 CFR Part 2 regulations, which serve to protect substance abuse disorder patient records, were revised. Their revised regulation facilitates better coordination of care in response to the opioid epidemic, while maintaining confidentiality of substance abuse records. How Have the Substance Abuse Records Confidentiality Rules Changed? The new substance abuse records confidentiality rules do not alter the basic framework for confidentiality protection of substance use disorder (SUD) [...]

2020-11-16T09:02:50-05:00July 23rd, 2020|