Thursday, October 20, 2011

Physicians May Violate HIPAA by Using Mobile Devices to Communicate with Patients

Many doctors use their mobile devices (Blackberry's, iPhones, etc) to communicate with patients.  However, you should be aware that using these devices to exchange protected health information (PHI) is covered by HIPAA.  The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a law that was enacted to establish  national standards for electronic health care transactions and also address the security and privacy of health data.  Hospitals, medical offices, medical providers, HMOs and health care clearinghouses may only use or disclose protected health information (PHI) for treatment, payment and health care operations.  Users of these devices to share protected health information must have specific administrative, physical and technical safeguards (e.g., encryption) in place to protect patient privacy.

More information on this issue can be found at the links below:

The Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).  http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html

Healthcare Providers May Violate HIPAA by Using Mobile Devices to Communicate with Patients, ABA Health eSource (October 2011) http://www.americanbar.org/content/newsletter/publications/aba_health_esource_home/aba_health_law_esource_1110_barrett.html

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