Health Information Technology

Does the HIPAA Privacy Rule require a covered entity to “police” a health information organization (HIO), which functions as its business associate?

How should a covered entity respond to any HIPAA Privacy Rule violation of a health information organization (HIO) acting as its business associate?

Who is liable under the HIPAA Privacy Rule where multiple covered entities have signed on to a single business associate agreement and one member breaches the agreement?

may a covered health care provider disclose electronic protected health information (PHI) through a health information organization (HIO) to another health care provider for treatment?

May a health information organization (HIO) manage a master patient index on behalf of multiple HIPAA covered entities?

What may a HIPAA covered entity’s business associate agreement authorize a health information organization (HIO) to do with electronic protected health information (PHI) it maintains or has access to in the network?

May a health information organization (HIO), acting as a business associate of a HIPAA covered entity, de-identify information and then use it for its own purposes?

How may the HIPAA Privacy Rule’s minimum necessary standard apply to electronic health information exchange through a networked environment?

Does the HIPAA Privacy Rule permit a covered entity to disclose psychotherapy notes to or through a health information organization (HIO)?

To what extent does the HIPAA Privacy Rule allow third parties to access protected health information (PHI) through a health information organization (HIO) for purposes other than treatment, payment, and health care operations?

Who is responsible for amendment of protected health information in an electronic health information exchange environment?

What are a covered entity’s responsibilities to notify others in a network if an amendment to protected health information is made?

In an electronic health information exchange environment, what is a designated record set for purposes of an individual’s right of access under the HIPAA Privacy Rule?

How would a covered entity or health information organization (HIO), acting on its behalf, know if someone were a personal representative for the purpose of granting access under the HIPAA Privacy Rule?

How may judgments be made electronically about denial of access under the HIPAA Privacy Rule?

Does the HIPAA Privacy Rule inhibit electronic health information exchange across different states or jurisdictions?

How do HIPAA authorizations apply to an electronic health information exchange environment?

Can a covered entity use existing aspects of the HIPAA Privacy Rule to give individuals the right to Opt-In or Opt-Out of electronic health information exchange?

Who has the right to consent or the right to request restrictions with respect to whether a covered entity may electronically exchange a minor’s protected health information to or through a health information organization (HIO)?

Can a covered entity use existing aspects of the HIPAA Privacy Rule to give individuals the right to decide whether sensitive information about them may be disclosed to or through a health information organization (HIO)?

Does the HIPAA Privacy Rule permit a covered entity to disclose psychotherapy notes to or through a health information organization (HIO)?

Can a health information organization (HIO) operate as a business associate of multiple covered entities participating in a networked environment?

What are some considerations in developing and implementing a business associate agreement with a health information organization (HIO)?

Can a health information organization (HIO), as a business associate, exchange protected health information (PHI) with another HIO acting as a business associate?

Can a health information organization (HIO) participate as part of an organized health care arrangement (OHCA)?

Can a health information organization (HIO) participate as part of an affiliated covered entity?

May a HIPAA Notice of Privacy Practices (NPP) specifically mention that protected health information (PHI) will be disclosed to and through a health information organization (HIO)? May the NPP mention that the covered health care provider uses an electronic health record (EHR)?

Are health information organizations (HIOs) required to have a HIPAA Notice of Privacy Practices (NPP)?

May covered entities that operate in electronic environments provide individuals with their HIPAA Notice of Privacy Practices (NPP) electronically?

Does the HIPAA Privacy Rule permit a covered health care provider to e-mail or otherwise electronically exchange protected health information (PHI) with another provider for treatment purposes?

How may the HIPAA Privacy Rule’s requirements for verification of identity and authority be met in an electronic health information exchange environment?

Does the HIPAA Privacy Rule permit health care providers to use e-mail to discuss health issues and treatment with their patients?

Does the HIPAA Privacy Rule allow covered entities participating in electronic health information exchange with a health information organization (HIO) to establish a common set of safeguards?

First, a business associate may not use PHI in a manner or to accomplish a purpose or result that would violate the HIPAA Privacy Rule. See 45 CFR § 164.502(a)(3).

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?

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

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?

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?  

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?