Mary Mosquera reports: The Health & Human Services Department published draft guidance to help healthcare providers and payers figure out what is expected of them in doing a risk analysis of their protected patient health information. The security rule of the Health Insurance Portability and Accountability Act (HIPAA) requires that providers, payment plans and their…
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NHS 'scaring patients' over electronic records, premature babies' heightened sensitivity and phantom ministers stalking DH corridors
Steve Nowottny reports: The Daily Telegraph and the Daily Mail this morning cover the charge from privacy campaigners Big Brother Watch that Connecting for Health may be ‘scaring’ patients into agreeing to have a Summary Care Record. The lobby group accused Connecting for Health of overstating the risk to patients if they opt out of…
NH: Patients will have chance to object to disclosure of medical records ordered by search warrant
FourthAmendment.com informs us of a case in New Hampshire where there will be greater privacy protection going forward for medical records produced in response to a search warrant: Search warrant for medical records, in the future, requires the record holder to produce in camera to protect doctor-patient privilege so the patient can object to the…
Parents' Rights Weren't Violated in Chemo Case
Suzanne Ashe reports on a case that sounds somewhat similar to the Daniel Hauser case: Utah doctors and child-protection workers did not violate a couple’s constitutional rights by urging a judge to order chemotherapy for their son, who was diagnosed with a rare form of cancer, the 10th Circuit ruled Wednesday. Sandy residents Daren and…
HHS Requests Comments on HITECH Accounting of Disclosures Requirements
From the Chronicle of Data Protection (which happens to be a good blog to add to your watch list if you’re privacy-oriented): … the Department of Health and Human Services (“HHS”) published a request for information (“RFI”) regarding the HITECH accounting of disclosures provisions. The Department is collecting information to help inform its rulemaking. Building on…
Hospital fulfills subpoena, gets hit with privacy suit
Amy Lynn Sorrel reports: Patient privacy is no doubt paramount in any physician practice. But when a subpoena suddenly is thrust into the physician-patient relationship, doctors may find themselves caught between the law and their privacy obligations. The Cleveland Clinic in Ohio found itself in such a predicament when it agreed to turn over a…