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McBrayer Blogs
Showing 3 posts from September 2012.
Is a Cloud Vendor a Business Associate?
Posted In Electronic Protected Health Information (ePHI), Health Care Law, Health Information Technology for Economic and Clinical Health Act (HITECH Act), Health Insurance Portability and Accountability Act of 1996 (HIPAA)
Before a covered entity can use cloud storage for ePHI, the covered entity must enter into a business associate agreement (BAA) with the cloud vendor.[i] It seems that there is some uncertainty surrounding this requirement, with some cloud vendors taking the position that a BAA is unnecessary for passive storage of ePHI or that they qualify for an exception under HITECH Act as a personal health records vendor. More >
IS HIPAA IN THE CLOUDS?
Posted In Electronic Protected Health Information (ePHI), Health Care Law, Health Information Technology for Economic and Clinical Health Act (HITECH Act), Health Insurance Portability and Accountability Act of 1996 (HIPAA)
Virtual or “cloud” data storage is an increasingly popular method for storing data electronically in a safe and yet conveniently accessible manner that may also represent a cost savings over traditional onsite data storage options. Health care providers, including hospitals, pharmacies and physicians, have been slow to avail themselves of the benefits of “cloud computing” due in part to concerns about whether the cloud offers the rigorous privacy and security safeguards required for storing electronic protected health information (ePHI) under Federal and State privacy laws, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH Act) and implementing regulations. More >
Guess Who’s Coming to Visit? Long-Term Care Facility Inspections
Posted In Health Care Law, Medicaid, Medicare, Occupational Safety and Health Administration (“OSHA”), Office of Inspector General of the United States Department of Health and Human Services (OIG), Patient Protection and Affordable Care Act (“ACA”)
Compliance and preparedness are two very real, everyday concerns for long-term care facilities. Not only are these important aspects of daily operations for the safety of the employees and patients, they are paramount because any day a visitor from the Office of the Inspector General (OIG”) or Occupational Safety and Health Administration (“OSHA”) could show up for an inspection. Is your facility prepared? More >
