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44 votes
Accepted

How is it legal for a hospital to put two patients together in the same room in the US?

As a short answer, guidance from the Department of Health and Human Services has clarified that HIPAA does not require hospitals to provide separate rooms. As a longer answer, HIPAA is very deeply ...
bdb484's user avatar
  • 60.8k
22 votes

Does HIPAA apply to individuals?

It would merely be a "jerk move". HIPAA only applies to "covered entities": Healthcare Providers Health Plans Healthcare Clearing Houses (i.e. Paying for your health care) ...
sharur's user avatar
  • 8,811
22 votes
Accepted

If a minor requested a doctor prescribe her birth control, can she demand the doctor not disclose her request to her parents?

united-statestexas In the US, it depends on the consent-to-treat laws of the state. In Washington, under RCW 9.02.100, everybody has a right to reproductive privacy (be it contraceptives or abortions)....
user6726's user avatar
  • 215k
12 votes
Accepted

Does HIPAA protect against doctors giving prescriptions to pharmacists that you didn't approve?

It is not a violation. The privacy rule requires that your personal medical information be kept "private", but your consent is not required for another health care provider to process PMI. ...
user6726's user avatar
  • 215k
10 votes

If a minor requested a doctor prescribe her birth control, can she demand the doctor not disclose her request to her parents?

france Parental consent is normally needed for any intervention made on a minor but two topics are exception, in which they incur secrecy and never needing parental consent, birth control and IVG (...
Nicolas Formichella's user avatar
10 votes
Accepted

Is challenging an elderly American politician to take a cognitive test a violation of HIPPA law(s)?

The privacy-protecting rules of the Health Insurance Portability and Accountability Act (HIPAA) apply to covered entities and business associates of those entities. These rules require those entities ...
Jen's user avatar
  • 61.3k
8 votes
Accepted

Why aren't post-mortem records protected by HIPAA?

HIPAA applies only to specified entities(see https://www.cms.gov/Regulations-and-Guidance/Administrative-Simplification/HIPAA-ACA/AreYouaCoveredEntity.html); including Health Plans, Health Care ...
sharur's user avatar
  • 8,811
7 votes

What is the most comparable American law to GDPR right to subject access? Privacy Act?

HIPAA seems comparable but only applies to medical data, but is there anything more general than that? Not really, at least at the national level. There is no comprehensive national regulation of ...
ohwilleke's user avatar
  • 224k
6 votes

Why aren't post-mortem records protected by HIPAA?

Sharur's answer is the correct one, but I wanted to chime in to note that even when records are covered by HIPAA, they may still be public records nonetheless, because HIPAA includes an exception (45 ...
bdb484's user avatar
  • 60.8k
6 votes

What are a business's obligations now that the Biden (OSHA) administration has suspended enforcement of its business vaccination mandate(s)?

Not at all. A US business always had the authority to require employees to be vaccinated before entering the workplace, except if a valid state law prohibits this. The EEOC has confirmed that none of ...
David Siegel's user avatar
4 votes
Accepted

Do the HIPAA regulations in the United States prevent medical providers from disclosing relevant health information on patient A to patient B?

HIPAA does not legally protect physicians from disclosing PHI to another party, although there are a few exceptions: HHS provides an excellent resource on these, but the regulation most relevant to ...
Bruce Kirkpatrick's user avatar
4 votes

How is it legal for a hospital to put two patients together in the same room in the US?

Aside from all else, it's a matter of practicality. For instance ADA requires government facilities to be wheelchair accessible, but many stations in the NYC subway are not because it's impossible - ...
Harper - Reinstate Monica's user avatar
4 votes
Accepted

Picture of a receipt from a Doctor

Is It Legally Binding? While their customer service sucks, your oral authorization of the charge is legally binding (I take payments that way almost every day in my own business, it isn't an unusual ...
ohwilleke's user avatar
  • 224k
4 votes

For HIPAA, Does US Patient Data Have To Stay On US Servers?

No. This is governed by the HIPAA Security Rule which was a regulation that the HIPAA statute required the Department of Health and Human Services to adopt. The Rule does require someone covered by ...
ohwilleke's user avatar
  • 224k
4 votes

Hipaa - doctor shared my medical information with everyone at religious facility

Gossiping about a patients medical information is a clear violation of the privacy rule, and significant enough that various HIPAA-compliance websites list this in their "10 things for medical ...
user6726's user avatar
  • 215k
4 votes

Concealing Medical Conditions from Employer

It is not legal to give false responses on such a declaration. The point of anti-discrimination laws is that they say when it is legal vs. not legal to discriminate against an employee, and Alex is ...
user6726's user avatar
  • 215k
4 votes

Is self-reported wellness covered by HIPPA?

It first depends on whether you are a "covered entity". This is laid out in 45 CFR Part 160. §160.103 defines the various terms such as "covered entity", "business associate&...
user6726's user avatar
  • 215k
4 votes

Are complaints to hospital administration PHI under HIPAA's Privacy Rule

PHI is health information that is individually identifiable. Any record, even a post-it note, can be PHI. In this case, the complaint form is PHI if it contains the patient's name or other identifier ...
FlowVoid's user avatar
3 votes

Is it a HIPAA violation for a dentist office to print a patient's password on paperwork?

This is not a HIPAA violation. HIPAA requires that personal information not be revealed to people lacking a statutorily-defined interest, without the patient's consent. A password itself is not "...
user6726's user avatar
  • 215k
3 votes
Accepted

Do parents have access to an adult child's childhood medical records

Late to the party, but I'll answer anyways. In general, providers have a lot of wiggle room when sharing information with parents, on condition that the patient hasn't explicitly objected despite ...
Brian's user avatar
  • 1,644
3 votes
Accepted

Is it a HIPAA violation to use a personal email to set up a medical billing account at work?

HIPAA imposes obligations on some people, but not all people. In the case of security and privacy questions, you would consult 45 CFR Part 164. A patient's actions are not subject to government ...
user6726's user avatar
  • 215k
3 votes
Accepted

Can an employer ask an employee about personal health matters (HIPAA) and COBRA decision in public?

It's probably not unlawful to ask, but an answer cannot be required immediately. Per the Department of Labor, Susan has 60 days to elect COBRA coverage (the qualifying event here being the termination ...
Ryan M's user avatar
  • 10.3k
3 votes

Allergies, Sudafed, HIPAA, a prescription, and the logbook/databse

The "logbook" is required by federal law, part of the Combat Methamphetamine Epidemic Act of 2005. See 21 USC 830 (e) (1) (A): Each regulated seller shall ensure that, subject to subparagraph (F), ...
Nate Eldredge's user avatar
3 votes

HIPAA within context of marriage

The regulations known as HIPAA are here. A good place to start is with who the regulations apply to. §160.10 lays that out: a health plan, health care clearinghouse, care provider, their business ...
user6726's user avatar
  • 215k
3 votes
Accepted

Insurance Company sending possible PHI to the wrong mailing address

Under 45 CFR 164.402 a "breach" is the acquisition, access, use, or disclosure of protected health information in a manner not permitted under subpart E of this part which compromises the ...
user6726's user avatar
  • 215k
3 votes

Is an official patient/physician relationship required for HIPAA to apply?

The rule applies to "A covered entity or business associate", who may not "use or disclose protected health information" except as permitted. The set of covered entities and ...
user6726's user avatar
  • 215k
2 votes

Licensing - can any intangible thing of value to which an individual holds exclusive rights be licensed?

You could offer to sell your own consent to use your records to a healthcare provider, and collect if the provider agreed. But that wouldn't make you a "broker" as I see it, only a one-tiem seller. To ...
David Siegel's user avatar
2 votes

Does HiPAA allow for the use of cloud services to store encrypted backups?

HIPAA applies only to particular kinds of entities(see https://www.cms.gov/Regulations-and-Guidance/Administrative-Simplification/HIPAA-ACA/AreYouaCoveredEntity.html); such as Health Plans, Health ...
David Siegel's user avatar
2 votes
Accepted

Does HIPAA require a secondary physician to share results with your primary?

HHS answers FAQ 481: Does the HIPAA Privacy Rule permit doctors, nurses, and other health care providers to share patient health information for treatment purposes without the patient’s ...
Burned's user avatar
  • 676

Only top scored, non community-wiki answers of a minimum length are eligible