Headlines from the April 2018 Edition of Health Information Privacy/Security Alert
- OCR Can’t Help Covered Entities, But BA Contracts Can
HIPAA Covered Entities must rely on contract provisions and not HIPAA, itself, when they want to seek relief when Business Associates (BA) go astray...
- Denying Mental Illness Does Not Waive Psych Privilege
People do not waive their physician-patient privilege by merely denying allegations that they have mental health problems, the Colorado Supreme Court ruled in an April 9 decision....
- Gap in Timely Security Patches for Android Mobile Devices
HIPAA Covered Entities and Business Associates should take a new look at the security of their Android-based devices to ensure that they are promptly receiving security updates as promised...
- Union Contract Undercuts Firing over Alleged HIPAA Sins
A federal district judge in New Mexico upheld an arbitrator’s decision to reinstate a nurse because a hospital could not demonstrate she had violated HIPAA...
- Labor Law Allows Sharing of PHI
Unions have the right to protected health information regulated by HIPAA when it is needed to comply with rights given to unions under the National Labor Relations Act...
- NLRB Finds Nondisclosure Clause to Protect PHI Overly Broad
An academic mental center violated the National Labor Relations Act when it required a terminated employee to sign a separation agreement with an overly broad confidentiality provision. The medical center argued that the confidentiality provision was needed to safeguard patient information...
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