Latest Posts › Health Insurance Portability and Accountability Act (HIPAA)

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Idaho's New Parental Consent Law: FAQs

Idaho’s new parental consent law took effect July 1, 2024. Under the new law: “[A]n individual shall not furnish a health care service or solicit to furnish a health care service to a minor child without obtaining the...more

Court Vacates HIPAA Online Tracking Guidance

On June 20, 2024, a Texas federal court vacated the Office for Civil Rights’ (OCR's) controversial guidance concerning Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates, available here....more

Avoiding HIPAA Penalties: A Checklist for Covered Entities

The HIPAA Privacy, Security, and Breach Notification Rules apply to healthcare providers who engage in certain electronic transactions, healthcare clearinghouses, and health plans, including employee group health plans with...more

New ACA 1557 Non-Discrimination Rules: Checklist For Healthcare Providers

On May 6, 2024, the Department of Health and Human Services (HHS) published its final rule revamping the non-discrimination regulations issued under § 1557 of the Affordable Care Act.  The revised rules apply to all...more

Idaho's New Parental Access Law v. HIPAA

As discussed in our prior health law update, New Limits on Minor Consents in Idaho, effective July 1, 2024, parents generally will have the right to access the medical records of their unemancipated minor children subject to...more

New Limits on Minor Consents in Idaho - Update

By Kim Stanger Note: This health law update originally was published on April 9, 2024. It was updated April 26, 2024, to reflect additional information. Effective July 1, 2024, Idaho healthcare providers must obtain parental...more

To BAA or Not to BAA: Must You Have One?

HIPAA applies to both covered entities (e.g., healthcare providers and health plans) and their business associates. A “business associate” is generally a person or entity that “creates, receives, maintains or transmits”...more

HIPAA and Subpoenas, Orders, and Administrative Demands

The HIPAA privacy rules (45 CFR § 164.501 et seq.) generally prohibit healthcare providers and their business associates from disclosing protected health information in response to subpoenas and other government demands...more

Sports and Student Physicals: Legal Issues

It’s that time of year when many healthcare providers offer free or discounted sports or student physicals as a community service or marketing ploy. If you participate in such programs, make sure you consider the legal...more

New Guidance on Self-Pay Patients Under No Surprise Billing Rules

HHS has issued helpful FAQs that answer common questions concerning the No Surprise Billing Rules and self-pay patients, available here. The FAQs confirm the following: Providers and facilities are not required to...more

Employee Vaccine Information: Privacy Concerns

Given the COVID-19 vaccine mandates, employers—including healthcare entities—will need to confirm their employees’ vaccination status. Employers and healthcare providers must ensure they comply with privacy rules relating to...more

HIPAA, Business Associates, and the Conduit Exception

The HIPAA privacy and security rules impose significant requirements on covered entities and their business associates; violations may result in penalties ranging from $119 to $59,522 per violation. (45 CFR § 160.404; 45 CFR...more

HIPAA, Patient Access, and Designated Record Sets

With limited exceptions, HIPAA generally gives individuals the right to access or obtain copies of their protected health information ("PHI") from covered entities. (45 CFR § 164.524(a)). But the right of access does not...more

HIPAA Enforcement: Lessons from the OCR’s Recent Settlements

The OCR has announced a surprising number of HIPAA settlements in the past few months with penalties ranging from $10,000 to $6.5 million. Here are some of the key takeaways for healthcare providers: 1. Protect against...more

Healthcare Providers: Beware New Information Blocking Rule

Healthcare providers focusing on COVID-19 may have missed the final Interoperability and Information Blocking Rule that was published May 1, 2020 and takes effect November 3, 2020. (45 C.F.R. Part 171). The Rule implements...more

Telehealth and COVID-19

Federal Action. To promote the use of telehealth in response to Coronavirus, the federal government took several significant steps this week: - Medicare dramatically expanded the telehealth services for which it will pay. ...more

Modified HIPAA Rules for Sending Records to Third Parties

Thanks to a federal judge, the Office for Civil Rights has modified its rules for sending records to third parties. Covered entities are no longer required by HIPAA to send non-electronic protected health information (“PHI”)...more

HIPAA, Psychotherapy Notes, and Other Mental Health Records

The HIPAA privacy rules give special protection to “psychotherapy notes,” but providers often misunderstand what are and are not covered and how they differ from other mental health records. I. “Psychotherapy Notes”...more

Encrypt Your Devices or Face HIPAA Penalties

This week, the Office for Civil Rights (“OCR”) announced a $3,000,000 HIPAA settlement arising from a medical center’s loss of an unencrypted laptop and flash drive. This is simply the latest of many HIPAA settlements based...more

Contacting Parents, Spouses or Others to Obtain Payment

Healthcare providers sometimes mistakenly assume that they cannot contact a patient’s spouse, parents, or other third parties to obtain payment without the patient’s consent. However, HIPAA generally allows healthcare...more

Business Associates’ Use of Information for Their Own Purposes

Business associates may want to use a covered entity’s protected health information (“PHI”) for the business associates’ own purposes, e.g., for their own product development, data aggregation, marketing, etc. However, with...more

IMGMA Q/A: Sharing PHI for Treatment Purposes

Question: May I share records with another healthcare provider without the patient’s authorization? Answer: It depends on the purpose. If the disclosure is for purposes of the patient’s treatment, including continuation of...more

New Patient Rights Rules for Idaho Hospitals

The Idaho Department of Health and Welfare has implemented new patient rights rules for hospitals effective July 1, 2019. (See IDAPA 16.03.14.220 to .350). The rules were advanced by patient advocacy groups and, to a large...more

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