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ALEXANDRIA VA, USA -- HIT/HIPAA UPDATE NEWS SERVICE™ -- JULY 25, 2017: Melamedia today released its Health Information Privacy Sercurity Alert (HIP/SA) July headlines summary. Every month, HIP/SA provides readers with the strategic and tactical information needed to operate successfully as a healthcare organization or business associate. HIP/SA is a must read for anyone who must keep current on the legal decisions shaping the health data landscape. The subscription includes the full edition of the HIPAA and Breach Enforcement Statistics.
HEADLINES FROM THE JULY 2017 ISSUE
- Judge Kills Attempt to Put EHRs on Trial in Malpractice Case. A federal court in Kentucky denied a plaintiff's request to create a test patient in a healthcare provider's electronic medical record (EMR) system to test the functionality of that system and use the EMR system during the deposition of defendant as part of discovery in a medical malpractice suit...
- Calif. Medical Board Does Not Need Subpoena for Rx Records. The Medical Board of California did not violate patient privacy rights under the state constitution when it obtained data from a state prescription drug monitoring program without a warrant or subpoena in the course of investigating a physician, the state supreme court ruled...
- State Genetic Law Enables Suit by Enabling Victim to Demonstrate Harm. HIPAA does not distinguish between sensitive and nonsensitive health data. With the exception of psychotherapy notes, the privacy rule treats all protected health information the same. But there are other federal and state laws that make these distinctions...
- Blood-Alcohol Tests Can Be Challenging Even in DUI Cases. Blood-alcohol test results are not usually considered protected health information in the context of automobile accidents and fatalities. HIPAA does not stand in the way of using that health information to pursue convictions...
- Rule on Sharing HIPAA Fines with Victims Delayed Until Late 2018. OCR has collected $73 million in HIPAA fines but continues to lag in developing regulations on how to share that money with the victims of the offenses...
- Auto Accident Data Not Protected in Indiana. Personal information -- including health-related information -- provided to Indiana police for accident reports is not protected by the federal Driver's Privacy Protection Act (DPPA), a federal district judge in Indiana ruled...
- OCR Warns Healthcare to Take New Look at Cloud Compliance Issues. OCR has issued a word to the wise...
- A Closer Look at Breaches Involving Unauthorized Access/Disclosure
- Subscription Includes Full Edition of HIPAA and Breach Enforcement Stats - A $60 Value -
HIPAA & BREACH ENFORCEMENT STATISTICS
Approximately 174,792,250 people have been affected by 1,996 HITECH breaches through July 17, according to a HIP/SA analysis of data released by the HHS Office for Civil Rights (OCR)...
PATIENT COMPLAINTS CONTINUE TO HOVER AROUND 2,000 PER MONTH
OCR received 158,834 as of June 30, indicating that it received 1,960 patient complaints in June. The number of complaints seems to be hovering around 2,000 per month as the agency received 2,151 complaints in May, according to an analysis of the OCR statistics by HIP/SA. The figures indicated that OCR resolved 156,467 complaints...
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