From the Desk of Matt Fisher – ICYMI
By Matt Fisher, Esq
Host of Healthcare de Jure – #HCdeJure
Tune in weekdays at 2pm, 10pm or 6am ET as Matt serves up the hottest healthcare issues of the day, all from a legal point of view. From public policies and Federal initiatives to privacy and security, join host Matt R. Fisher as he and his guests discuss a smorgasbord of topics, giving hospitals, physicians, vendors and patients a seat at the table. Matt’s virtual conversations can be listened to on demand or heard on air. So don’t miss a minute of what’s on the menu.
ICYMI, read the latest of Matt’s blogs. And don’t forget to join the conversation with Matt on #HCdeJure.
Attack of a Paper Tiger: Ignoring Own Policies Leads to HIPAA Fine
On June 18, 2018, the Office for Civil Rights released a decision and memorandum from an Administrative Law Judge following a dispute over HIPAA fines imposed against The University of Texas MD Anderson Cancer Center (MD Anderson). The decision for all intents and purposes draws a clear line in the sand that encryption, despite being an addressable element under the Security Rule, cannot be avoided. Continue reading on HITECH Answers.
Privacy Invasion or Smart Marketing: Geofencing in Healthcare
The healthcare industry got a load introduction to geofencing marketing recently. The headlines were driven by a law firm targeting individuals going to an emergency room. In particular, the ads attempted to lure individuals into a personal injury suit. The type of action that would be sure to draw lines as personal injury is often a disfavored side of the law. Continue reading on HITECH Answers.
To Audit or Not?
Questions often arise as to what terms need to be and should be included in a business associate agreement. The distinction between “need” and “should” is very important. The regulations implementing HIPAA set out what “needs” to be included as failure to include all of the specified elements would leave a business associate agreement deficient. As such, the amount of negotiation on these terms is minimal and more to the finetuning of how such terms are set out. Continue reading on HITECH Answers.
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