HIPPA
Jul 11, 2023 11:41 PM
code of federal regulations:
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https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-160/subpart-A/section-160.103
https://www.hipaajournal.com/what-is-considered-protected-health-information-under-hipaa/
Compliance Issues Regarding Protected Health Information under HIPAA
HHS´ Office for Civil Rights updates an Enforcement Highlights webpage on which it lists the compliance issues most often alleged in complaints in order of frequency. Because a single data breach can affect many thousands of individuals, it is not surprising to see impermissible uses and disclosures at the top of the list. However, the next four items imply a lack of understanding about what is considered Protected Health Information under HIPAA:
- Impermissible uses and disclosures of PHI
- Lack of safeguards for (non-electronic) PHI
- Failures to provide patient access to PHI
- Lack of Administrative Safeguards for electronic PHI
- Violations of the minimum necessary standard
It is worth noting that, other than mandatory breach notifications, the most likely source of a complaint to HHS´ Office for Civil Rights is a patient. Therefore, it is not necessarily be the case that Covered Entities, Business Associates, and members of their respective workforces have a lack of understanding about what is considered Protected Health Information under HIPAA, but rather that patients need better educating about what HIPAA Protected Health Information is.
https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.514
Displaying title 45, up to date as of 7/10/2023. Title 45 was last amended 6/26/2023.
45 CFR 164.514