Health Law Alert: Why You Need to Worry AGAIN about HIPAA: Seven Practical Tips in the New Electronic Age

Baker Donelson
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In this age of information overload, it is no wonder that privacy incidents are on the minds of regulators, the media and patients. Electronic information in all forms comes at us faster and faster, leaving the recipient without much time to discern among appropriate privacy levels. The increased use of social media and the reality television boom blurred the line between private and public information. People are now posting private information on Twitter or Facebook without much consideration for their own privacy let alone others.

In the old paper world before HIPAA, people often guarded patient medical records with good old-fashioned common sense. So why, in this new regulated world of laptops, flash drives, mobile devices and electronic medical records, does it appear that patient medical information is less safe? The answer: Our HIPAA policies are stale and our workforce members receive training often created with a focus on paper medical records. In addition, the technology has not caught up with expectations of electronic health record systems to audit access in real time. Electronic health records are a key part of the Accountable Care Act and health care providers and insurers should take note that enforcement will only increase with the pending body of privacy regulations likely to be released by the end of this year.

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Baker Donelson
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