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HIPAA

Why it's Important to Check Your Health Records

Guidance from the Office for Civil Rights on your right to access your health records

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From the HHS Office for Civil Rights website: Ask your doctor. You have the right to see and get copies of your health information - PDF. In most cases, you can get a copy the way you want it, such as by e-mail. While your doctor normally has up to 30 days to provide you a copy of your information, your doctor often can provide the information much sooner than that. If your doctor offers a web portal, you may be able to easily view and download your health information whenever you want.

OCR Guidance on Ensuring Equal Access to Emergency Services During Hurricane Florence

Official guidance from the Office for Civil Rights

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As Hurricane Florence makes landfall, the HHS Office for Civil Rights (OCR) and its federal partners remain in close coordination to help ensure that emergency officials effectively address the needs of at-risk populations as part of disaster response. If you believe that a person or organization covered by the Privacy and Security Rules (a "covered entity") violated your health information privacy rights or otherwise violated the Privacy or Security Rules, you may file a complaint with OCR. For additional information about how to file a complaint, visit OCR's web page on filing complaints at http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html.

Is It Legal to Record Your Visit with the Doctor?

Journal of the American Medical Association with an updated article from the BMJ

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In the article titled, "Can Patients Make Recordings of Medical Encounters?" from the JAMA Network authors Elwyn, Barr, and Castaldo discuss some of the broader legalities of making a recording while visiting your doctor.

Making a recording that you can add to your personal health record can be a great way of maintaining documentation and accountability for your care, as well as assist you and your family in remembering instructions given to you by your care provider.

Understanding the legalities can help ensure this is a positive experience for both you and your doctor and will allow you to make recordings that are admissible in court if needed.

The Guide to Getting & Using Your Health Records

An Office of the National Coordinator published web guide

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This newly published web guide from ONC titled, "The Guide to Getting & Using Your Health Records: The steps, tips, and tools you’ll need to get, check, and use your health record" helps to instruct consumers on how to get their health record from healthcare providers, their rights to those records, and some specific ways in which to get a hold of that information.

Health app developers, what are your questions about HIPAA?

A resource from the US Office for Civil Rights

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From the OCR website: 

We are experiencing an explosion of technology using data about the health of individuals in innovative ways to improve health outcomes. Building privacy and security protections into technology products enhances their value by providing some assurance to users that the information is safe and secure and will be used and disclosed only as approved or expected. Such protections are sometimes required by federal and state laws, including the HIPAA Privacy, Security and Breach Notification Rules.

Mobile Health Apps Interactive Tool

Find out which federal laws you need to follow

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From the Federal Trade Commission website: 

Does your mobile app collect, create, or share consumer information? Does it diagnose or treat a disease or health condition? Then this tool will help you figure out which – and it may be more than one – federal laws apply. It’s not meant to be legal advice about all of your compliance obligations, but it will give you a snapshot of a few important laws and regulations from three federal agencies.

Business Associate Contracts

Sample Business Associate Agreement Provisions provided by the Office of Civil Rights

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From the OCR website:

A “business associate” is a person or entity, other than a member of the workforce of a covered entity, who performs functions or activities on behalf of, or provides certain services to, a covered entity that involve access by the business associate to protected health information.  A “business associate” also is a subcontractor that creates, receives, maintains, or transmits protected health information on behalf of another business associate. 

Meaningful Use Stage 2 & HIPAA

The Relationship between HIPAA and Meaningful Use Privacy & Security

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The Health Insurance Portability and Accountability Act (HIPAA) Rules provide federal protections for patient health information held by Covered Entities (CEs) and Business Associates (BAs) and give patients an array of rights with respect to that information. Regulations includes the Privacy Rule, which protects the privacy of individually identifiable health information; the Security Rule, which sets national standards for the security of electronic Protected Health Information (ePHI); and the Breach Notification Rule, which requires CEs and BAs to provide notification following a breach of unsecured Protected Health Information (PHI). CEs must comply with the HIPAA Privacy,10 Security,11 and Breach Notification12 Rules. BAs must comply with the HIPAA Security Rule and Breach Notification Rule as well as certain provisions of the HIPAA Privacy Rule.

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