ONC Vindicated. Patients Want Immediate Access to Test Results
JAMA published a study earlier this week finding more than 95% wanted immediate access to test results. However, when speaking to ONC, the study’s lead researcher specifically noted that although 95.3% of patients who received abnormal test results responded that they still would like to continue to receive immediately released results, this was associated with nearly twice the likelihood of worry compared to respondents who received normal results.
FTC Orders BetterHelp Health App to Pay $7.8M for Sending User Data to Facebook & Snapchat
The FTC issued a proposed order requiring BetterHelp to pay $7.8 million to consumers to settle charges that it shared consumers’ health data with Facebook, Pinterest, Snapchat, and Criteo after promising to keep such data private and claiming it is “certified” as “HIPAA compliant.” The real juice of this case is in the FTC compliant — and HIPAA-covered providers, facilities & organizations can learn a lot about what to watch out for with health data Apps as we continue to march towards the FHIR.
Not So Sunny News in Arizona – Major Health Care System Agrees to Pay $1.25 Million HIPAA Settlement for Cybersecurity Hacking Incident from 2016
The forecast for Arizona is thunderstorms, at least for at least one health care system. Last week, OCR announced a $1.25 settlement for HIPAA Security Rule violations brought to light by a cybersecurity hacking incident that took place over five years ago.
Mobile Health Apps and Vendors of Health Records Beware! – the FTC has just started Enforcing the Breach Notification Rule.
The chickens have come home to roost for GoodRx. The FTC has assessed a $1.5 Million penalty against the telehealth and prescription drug discount provider for failing to report unauthorized disclosures as required by the Health Breach Notification Rule.
Is Your Organization Ready for an OCR HIPAA Compliance Review re: Use of Online Tracking Technology?
On December 1, 2022, OCR released a “guidance” Bulletin re: “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates.” From it, we learned (among other things) that OCR believes that an individual’s IP addresses and geo location, collected by a regulated entity’s website, is protected by HIPAA. Now, we have come to learn that HIPAA compliance investigations by OCR are already underway concerning this topic. Are you ready?
HAPPY NEW YEAR! A LOT will be happening in 2023!
The New Year is finally here, and I believe that there will be a LOT going on in 2023! Here are just a few of the things that Legal HIE is looking to stay on top of for our readers this year . . .
FTC Finds that Ovulation Tracking App Violated the Health Breach Notification Rule
The FTC releases its second enforcement action under the Health Breach Notification Rule in just over 3 months. This time, the FTC found that a fertility app called Premom shared sensitive fertility information with third parties for unauthorized purposes. While Premom told its users that it would not share their health information with third parties without users’ consent, it used third-party automated tracking tools known as software development kits (SDKs) which shared highly sensitive health information (e.g., data about an individual user’s sexual & reproductive health, pregnancy status etc.) for advertising and marketing purposes.
ONC Says “Vetting” Mobile Apps is Information Blocking
ONC says actors that require third-party apps to be “vetted” by them for security reasons before allowing patients to use such apps to receive EHI via API technology certified to the Standardized API certification criterion is likely to be information blocking. However, my concern with relying solely on the security criteria required for API certification is that it is too low of a bar to adequately protect patients and other individuals from developers of apps that fail to keep promises to keep individuals’ information confidential.
ONC Publishes New FAQs on Information Blocking focused on the Privacy Exception.
The Office of National Coordinator says it receives a lot of questions regarding how the Information Blocking Rule is supposed to work in tandem with the HIPAA Privacy Rule and other federal and state laws governing privacy and confidentiality. Their new FAQs aim to help clarify when actors can choose to not respond to a request for access, exchange, or use of electronic health information.
ONC Vindicated. Patients Want Immediate Access to Test Results
JAMA published a study earlier this week finding more than 95% wanted immediate access to test results. However, when speaking to ONC, the study’s lead researcher specifically noted that although 95.3% of patients who received abnormal test results responded that they still would like to continue to receive immediately released results, this was associated with nearly twice the likelihood of worry compared to respondents who received normal results.
FTC Orders BetterHelp Health App to Pay $7.8M for Sending User Data to Facebook & Snapchat
The FTC issued a proposed order requiring BetterHelp to pay $7.8 million to consumers to settle charges that it shared consumers’ health data with Facebook, Pinterest, Snapchat, and Criteo after promising to keep such data private and claiming it is “certified” as “HIPAA compliant.” The real juice of this case is in the FTC compliant — and HIPAA-covered providers, facilities & organizations can learn a lot about what to watch out for with health data Apps as we continue to march towards the FHIR.
Not So Sunny News in Arizona – Major Health Care System Agrees to Pay $1.25 Million HIPAA Settlement for Cybersecurity Hacking Incident from 2016
The forecast for Arizona is thunderstorms, at least for at least one health care system. Last week, OCR announced a $1.25 settlement for HIPAA Security Rule violations brought to light by a cybersecurity hacking incident that took place over five years ago.
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