Breaking Compliance News Blog

HIPAA Reminder: Paper Still Counts

Posted by Margaret Scavotto, JD, CHC on 6/21/22 11:40 AM

Lately, my inbox is flooded with warnings, reminders, and webinars about cybersecurity. Rightly so: cyberattacks are on the rise, and healthcare remains the #1 target. At MPA, we recently updated our HIPAA Security Risk Analysis, and we carefully documented every source of electronic PHI.

But: Paper still counts.

With so much of our efforts focused on cybersecurity and electronic PHI, we can’t lose sight of the risks posed by paper PHI. For example:

  • A patient went to the emergency department at a hospital to get her blood pressure checked. While there, her nurse wrote down the blood pressure result on a piece of paper. The patient noticed that the other side of the paper listed another patient’s name, number, address, and positive HIV status. 
  • A health system “became aware of a break-in to an off-site storage facility where certain limited patient records were housed. Six boxes of paper documents were removed from the facility without authorization.” 

In the HIPAA world, paper PHI still counts! Make sure your HIPAA security risk analysis and mitigation plan include paper PHI in addition to electronic PHI.

  • Remember:
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Topics: HIPAA, security, privacy

“That’s so cute!” (if there’s a HIPAA authorization)

Posted by Margaret Scavotto, JD, CHC on 6/14/22 11:17 AM

 

Are you on TikTok?
 
I’m not (although I hear it’s worth it for the air fryer recipes).
 
But everyone else is, including an increasing number of healthcare professionals and healthcare providers.
 
Social media use increased during the early pandemic days as a way to connect with the world from inside locked down facilities. It also brings a healthy dose of levity.
 
For example:
  • A nursing home’s videos of residents enjoying therapy dogs Floyd and Loki went viral on TikTok. 
  • Last Thanksgiving, one nursing home’s TikTok video of the administrator dressed as a Thanksgiving turkey went viral. 
  • In a Scotland nursing home, a 102-year-old resident ‘s daily exercise dance routine – done with two nurses – was posted to TikTok. In the video, the resident and two of his caregivers are seen dancing. The home claims the videos “have been a great way to get the residents up and moving, and they’ve loved taking part.”
I love these videos! They are so cute. And they are okay to use – IF the patients signed a valid HIPAA authorization before the videos were taken.
 
Without a HIPAA authorization, the cute factor fades, and we are left with a potential HIPAA breach to investigate.
 
Thinking of going viral? Have fun – but make sure everyone involved understands the HIPAA consequences.

What you can do:

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Topics: Training and Education, HIPAA, Social Media, security, privacy

Last Chance: Sign up for MPA's Virtual HIPAA Training!

Posted by Margaret Scavotto, JD, CHC on 6/7/22 12:03 PM

HIPAA is a lot!

MPA's e-course makes it easier to keep up with privacy, security, breach notification, and social media.

Sign up for MPA's Virtual HIPAA Training Course

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Topics: Training and Education, HIPAA, Social Media, security, breach notification, privacy, webinar

Sign up for MPA's Virtual HIPAA Training!

Posted by Margaret Scavotto, JD, CHC on 5/19/22 8:45 AM

HIPAA is a lot!

MPA's e-course makes it easier to keep up with privacy, security, breach notification, and social media.

Sign up for MPA's Virtual HIPAA Training Course

Read More

Topics: Training and Education, HIPAA, Social Media, security, breach notification, privacy, webinar

Sign up for MPA's Virtual HIPAA Training!

Posted by Margaret Scavotto, JD, CHC on 5/4/22 8:15 AM

HIPAA is a lot!

MPA's e-course makes it easier to keep up with privacy, security, breach notification, and social media.

Sign up for MPA's Virtual HIPAA Training Course

Read More

Topics: Training and Education, HIPAA, Social Media, security, breach notification, privacy, webinar

Earn 5 CEUs with MPA’s Virtual HIPAA Training!

Posted by Margaret Scavotto, JD, CHC on 8/10/21 9:15 AM

HIPAA is a lot!

MPA's e-course makes it easier to keep up with privacy, security, breach notification, and social media.

Sign up for MPA's Virtual HIPAA Training Course

*** Approved for 5 hours of NAB CEUs***

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Topics: Training and Education, HIPAA, Social Media, security, breach notification, privacy, webinar

Earn 5 CEUs with MPA’s Virtual HIPAA Training!

Posted by Margaret Scavotto, JD, CHC on 8/5/21 11:40 AM

HIPAA is a lot!

MPA's e-course makes it easier to keep up with privacy, security, breach notification, and social media.

Sign up for MPA's Virtual HIPAA Training Course

*** Approved for 5 hours of NAB CEUs***

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Topics: Training and Education, HIPAA, Social Media, security, breach notification, privacy, webinar

HIPAA hazard: Doctor appears in traffic court by webcam from the OR

Posted by Margaret Scavotto, JD, CHC on 3/9/21 1:27 PM

A California doctor recently appeared in traffic court by videoconference while he was performing plastic surgery. The traffic court session was livestreamed and posted to YouTube.

The traffic court commissioner could see that a medical operation was in process, and said: “I do not feel comfortable for the welfare of a patient if you’re in the process of operating….” The trial was rescheduled.

The Medical Board of California is investigating the incident.

I’m also concerned about privacy.

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Topics: HIPAA, security, privacy

What Kim Kardashian, Jussie Smollett, & Ezekiel Elliott have in common

Posted by Margaret Scavotto, JD, CHC on 2/23/21 8:00 AM

 

They all were involved in reported HIPAA privacy breaches due to their celebrity status.

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Topics: HIPAA, COVID-19, privacy

Do you have a HIPAA authorization for that social media post?

Posted by Margaret Scavotto, JD, CHC on 2/16/21 10:00 AM

The pandemic has changed a lot for healthcare providers – including their social media use.

Most providers we talk to say they have increased their use of social media during COVID-19. Some providers are turning to social media to disseminate information about COVID-19 precautions, and, now, vaccine availability. We also see many providers using social media to keep the public informed, and to keep people connected during visitor restrictions. Many nursing homes are posting resident pictures and videos on Facebook or TikTok to give their loved ones a glimpse into life inside a nursing home during a lockdown. These strategies have led to creative – and often charming – social media campaigns.

For example:

I truly enjoy these posts, and I appreciate the clever social media campaigns and the connection they bring during a challenging time.

BUT – All of these social media uses bring risks.

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Topics: HIPAA, Social Media, security, privacy

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