does a packet capture tool violate hippa law

If a patient’s protected health information were to be accessible to the media (for example, through a film crew) the provider would need to obtain a written HIPAA authorization from all applicable patients. OCR stated that the COVID-19 public health emergency does not impact the protections that prohibit patients’ information from being given to the media. OCR has also provided updated guidance on two specific areas of HIPAA compliance: media coverage of COVID-19 patients and contacting former COVID-19 patients with information on donating plasma. Additionally, providers are encouraged to notify patients that these third-party applications potentially introduce privacy risks, and providers should enable all available encryption and privacy modes when using such applications. Providers are still encouraged to use video communication vendors who have stronger security capabilities to prevent data interception and to enter into a business associate agreement with video communication vendors to assure they will protect electronic health information. For example, the guidance permits providers to use popular applications for video conferencing, such as Zoom, FaceTime, Google Hangouts and Facebook messenger. A covered health care provider that wants to use audio or video communication technology to provide telehealth to patients during the COVID-19 nationwide public health emergency can use any non-public facing remote communication product that is available to communicate with patients. In March of 2020, OCR notified providers that it is exercising its enforcement discretion not to impose penalties for noncompliance with HIPAA in connection with the good faith provision of telehealth during the COVID-19 nationwide public health emergency. Although the Department of Health and Human Services Office for Civil Rights (“OCR”) has loosened some requirements to allow health care providers flexibility during the COVID-19 pandemic, a majority of the patient protections under the HIPAA Privacy Rule have remained intact.

This article has been updated with new information since it was originally published on November 16, 2020.Īs health care providers continue to face new challenges relating to the COVID-19 pandemic, it is important for providers to maintain compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

JanuHIPAA Compliance Considerations During the Pandemic

Does a packet capture tool violate hippa law