Disclosures of Protected Health Information

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There are permitted uses and disclosures of PHI for different purposes within the healthcare sector. All employees of an organization that acts as a covered entity or business associate must be aware of these guidelines. It is always permitted to use and disclose PHI for treatment, payment and health care operations. If the reason for disclosing the PHI is not for one of these purposes an authorization must be obtained. By following these guidelines, an organization may stay in compliance with HIPAA’s rules and be able to share protected health information.
Disclosure refers to the transfer, release, provision of access to, or divulging in any other manner of information outside the entity holding the information. These definitions are applicable to the sharing of electronic, paper or oral communications. This does not include the disclosure of PHI to the Individual himself or herself.
Use is a sharing, employment, application, use, examination or analysis identifiable health information within the entity that maintains such information.

A major difference between Disclosure and Use is that use PHI is internal to the covered entity while disclosure focuses on external communication of PHI.

HIPAA Technical Safeguards and Mobile Devices

By |2023-03-01T18:04:46-05:00August 2, 2022|Disclosures of Protected Health Information|

Any time a mobile device is in use that transmits protected health information the user must be aware of the HIPAA requirements. HIPAA technical safeguards must be in use to conform with the HIPAA Privacy Rule.  As a result of this HIPAA and mobile device safeguards have become a very [...]

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HIPAA Violations

By |2023-01-16T13:01:02-05:00February 2, 2022|Breaches, Disclosures of Protected Health Information|

To begin to understand a HIPAA violation we must clarify the meaning of a violation. If we review definitions, we will find that a violation is a breach, infringement, or transgression, as of a law, rule, promise, etc. This is clear enough for most of us to understand. Next, we [...]

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Information Blocking

By |2022-05-30T12:38:23-04:00July 12, 2021|Disclosures of Protected Health Information|

Information blocking is an action by an actor, a HIN, HIE, health information technology developer of certified health IT, or health care provider that is likely to prevent or materially discourage the access, exchange, or use of electronic health information (EHI) unless required by law or specified by the Secretary HHS as a reasonable and necessary activity.

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Texting Protected Health Information Safely

By |2022-06-01T17:05:54-04:00August 22, 2018|Disclosures of Protected Health Information, Security Technical Safeguards|

The Office for Civil Rights or OCR with HIPAA oversight has not produced the long-awaited guidance on texting protected health information. Finally, at a Health Information Management Conference in March the OCR director said healthcare providers could text message their patients with PHI.

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The Right to Access Protected Health Information

By |2022-12-29T20:05:09-05:00June 7, 2018|Disclosures of Protected Health Information, Privacy Rule|

One of the key elements of HIPAA has been to provide individuals with a right to access PHI such that they may be in more control of decisions regarding their health and well-being. The Health Insurance Portability and Accountability Act of 1996 (HIPAA), was created to protect the privacy and security [...]

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