FAQs Archive - Page 43 of 72 - HIPAA Templates

A hospital customarily displays patients’ names next to the door of the hospital rooms that they occupy. Will the HIPAA Privacy Rule allow the hospital to continue this practice?

The Privacy Rule explicitly permits certain incidental disclosures that occur [...]

Jason Russell2020-09-10T20:58:35-04:00Incidental Uses and Disclosures, Safeguards, Smaller Providers and Businesses|

A clinic customarily places patient charts in the plastic box outside an exam room. It does not want the record left unattended with the patient, and physicians want the record close by for fast review right before they walk into the exam room. Will the HIPAA Privacy Rule allow the clinic to continue this practice?

Yes, the Privacy Rule permits this practice as long as [...]

Jason Russell2020-09-22T05:40:41-04:00Incidental Uses and Disclosures, Safeguards, Smaller Providers and Businesses|

Are physicians and doctor’s offices prohibited from maintaining patient medical charts at bedside or outside of exam rooms, or from engaging in other customary practices where the potential exists for patient information to be incidentally disclosed to others?

No. The HIPAA Privacy Rule does not prohibit covered entities [...]

Jason Russell2020-09-10T20:57:28-04:00Incidental Uses and Disclosures, Safeguards, Smaller Providers and Businesses|

May physician’s offices use patient sign-in sheets or call out the names of their patients in their waiting rooms?

Yes. Covered entities, such as physician’s offices, may use patient [...]

Jason Russell2020-09-10T21:02:08-04:00Incidental Uses and Disclosures, Safeguards, Smaller Providers and Businesses|

Can health care providers engage in confidential conversations with other providers or with patients, even if there is a possibility that they could be overheard?

Yes. The HIPAA Privacy Rule is not intended to prohibit [...]

Jason Russell2020-09-10T20:56:31-04:00Incidental Uses and Disclosures, Smaller Providers and Businesses|

Does HIPAA require a covered entity or its EHR system developer to enter into a business associate agreement with an app designated by the individual in order to transmit ePHI to the app?

It depends on the relationship between the app developer, and [...]

Jason Russell2020-09-10T20:17:22-04:00Health Information Technology|

Can a covered entity refuse to disclose ePHI to an app chosen by an individual because of concerns about how the app will use or disclose the ePHI it receives?

No. The HIPAA Privacy Rule generally prohibits a covered entity [...]

Jason Russell2020-09-10T20:17:22-04:00Health Information Technology|

Where an individual directs a covered entity to send ePHI to a designated app, does a covered entity’s electronic health record (EHR) system developer bear HIPAA liability after completing the transmission of ePHI to the app on behalf of the covered entity?

The answer depends on the relationship, if any, between the [...]

Jason Russell2020-09-07T13:26:19-04:00Health Information Technology|

What liability does a covered entity face if it fulfills an individual’s request to send their ePHI using an unsecured method to an app?

Under the individual right of access, an individual may request [...]

Jason Russell2020-09-07T13:25:40-04:00Health Information Technology|

Does a HIPAA covered entity that fulfills an individual’s request to transmit electronic protected health information (ePHI) to an application or other software (collectively “app”) bear liability under the HIPAA Privacy, Security, or Breach Notification Rules (HIPAA Rules) for the app’s use or disclosure of the health information it received?

The answer depends on the relationship between the covered entity [...]

Jason Russell2020-09-07T13:24:26-04:00Health Information Technology|

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