HIPAA Privacy

Mobile Health Application

Mobile Health Application So you want to download the next latest, greatest mobile health application but before you do there are a few things you should know. Here are some safety tips to practice when you download your first or next mobile health application: 1. Research mobile health application (software programs that perform one or more specific functions) BEFORE you download and install any of them. Recommendation: Use known app websites or trusted sources.   2. Actually READ the End Users License Agreement (EULA) before acknowledgement during installation. Review the privacy & security notice of the mobile health application to verify the application will perform ONLY the functions you approve.     3. Consider installing or using encryption software for your device. 4. Install and activate remote wiping and/or remote disabling on your mobile devices. The remote wipe feature allows you to permanently delete data stored on a lost or stolen mobile device. Remote disabling allows the user to lock stored data on the lost or stolen mobile device, and unlock the data if the device is recovered. Mobile Health Application & HIPAA There is something you should know about hand held data trackers, similar to Fitbit. They are not considered medical devices and are not regulated by the FDA. Why you ask … Because these devices are purchased and the data is requested by the wearer it is not protected by HIPAA. However, if a healthcare covered entity requests a patient to wear one, collects its data, then the data is protected by HIPAA. FINDINGS Pew Research Center’s Internet and American Life Project · 85%% of U.S. Adults own a cell phone, and more than half are smartphone users. · One-fifth of all smartphone users have downloaded a health app, and half of smartphone users seek health information from their mobile devices.

Does Your Doctor Keep Your Protected Health Information Secure?

Notice of Privacy Practices Today, I visited my local dentist office for a new patient consultation and to interview them before selecting them as my Covered Entity (CE). After examining the waiting room and completing the necessary paperwork, I was called into the treatment room. During my appointment I met several different staff members, including their office manager responsible for HIPAA followed by the provider. After asking the office manager different questions about their Notice of Privacy Practices (NPP), I decided the practice DID NOT understand their HIPAA Privacy and Security responsibilities. I’d like to tell you I only had to do this once before I found a CE I trusted my care and my HIPAA Privacy and Security information to but say NO. I interviewed four (4) different practices and only one (1) of them would I trust and recommend with my information and care. I share this with you to help you learn what to look for when you visit your next provider of care. CE’s are required to provide their patient’s with a Notice of Privacy Practices in plain language that describes the following: ▶️ Did your CE provide you with their Notice of Privacy Practices? ▶️ Does the Notice of Privacy Practices include a description of how the practice uses or discloses (share) your PHI? ▶️ The CE’s legal duties with respect to the information, including a statement that the CE is required by law to maintain the privacy and security of PHI. ▶️ A CE must let you know promptly if a breach occurs that may have compromised the privacy or security of your information. ▶️ A CE must follow the duties and privacy practices described in the Notice of Privacy Practices and give you a copy of it. ▶️ A CE must not use or share your information other than as described in the Notice of Privacy Practices unless you instruct them they can in writing. If you allow it, you may change your mind at any time, in writing. ▶️ The individual’s rights with respect to the information and how the individual may exercise these rights, including how the individual may complain to the CE. ▶️ Whom individuals can contact for further information about the CE’s privacy policies. ▶️ A CE must make its notice available to anyone who asks for it. You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. ▶️ A CE must prominently post and make available its notice on any website it maintains that provides information about its customer services or benefits. ▶️ The Notice of Privacy Practices must include an effective date. For more information see 45 CFR 164.520(b) for the all Notice of Privacy Practices requirements: https://www.gpo.gov/fdsys/pkg/CFR-2011-title45-vol1/pdf/CFR-2011-title45-vol1-sec164-520.pdf Also see: Frequently Asked Questions about the Privacy Rule

Protected Health Information

What is Protected Health Information?

What is Protected Health Information? The simple answer is any information that can be used to identify you from your Protected Health Information (PHI). PHI consists of 18 unique identifiers and must be removed in order to meet the “Safe Harbor Method” standard for de-identification. PHI as defined by U.S. Department of Health  and Human Services as the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rules, as any information about health status, provision of healthcare, or payment for healthcare that is created or collected by healthcare organizations, referred to as Covered Entities (CEs) or their third-party vendor  acting on behalf of the CE, referred to as Business Associates (BAs)), and can be linked to a specific individual. This is interpreted rather broadly and includes any part of a patient’s medical record or payment history[i]. The HIPAA Privacy Rule protects most “individually identifiable health information” held or transmitted or maintained in any form or medium by a Covered Entity (CE) or their third-party vendors, known as Health and Human Services Business Associates (BAs), in any form or medium, whether electronic, on paper, or oral. The Privacy Rule calls this information Protected Health Information (PHI). PHI is information, including demographic information, which relates to: the individual’s past, present, or future physical or mental health or condition,  the provision of health care to the individual, or  the past, present, or future payment for the provision of health care to the individual, and that identifies the individual or for which there is a reasonable basis to believe can be used to identify the individual. PHI includes many common identifiers (e.g., name, address, birth date, Social Security Number) when they can be associated with the health information listed above. Understanding the Difference The relationship with health information is fundamental. Identifying information alone, such as personal names, residential addresses, or phone numbers, would not necessarily be designated as PHI. For instance, if such information was reported as part of a publicly accessible data source, such as a phone book, then this information would not be PHI because it is not related to heath data (see above). But, if such information was listed with health condition, health care provision or payment data, such as an indication that the individual was treated at a certain clinic, then this information would be PHI. For example, a medical record, laboratory report, or hospital bill would be PHI because each document would contain a patient’s name and/or other identifying information associated with the health data content.  By contrast, a health plan report that only noted the average age of health plan members was 45 years would not be PHI because that information, although developed by aggregating information from individual plan member records, does not identify any individual plan members and there is no reasonable basis to believe that it could be used to identify an individual.