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Archive for category: Data Privacy

IMGMA Q/A: Sharing PHI for Treatment Purposes

August 22, 2019/in Data Privacy, HIPAA

by Kim Stanger

Republished with permission from Idaho Medical Group Management Association (MGMA). Original article appeared in Idaho MGMA’s September 2019 e-newsletter.

Question:  May I share records with another healthcare provider without the patient’s authorization?

Answer:  It depends on the purpose.  If the disclosure is for purposes of the patient’s treatment, including continuation of care, then you may disclose the information without the patient’s authorization or consent unless you have agreed otherwise with the patient.  (See 45 CFR 164.522(a)).  The HIPAA privacy rule states, “[a] covered entity may disclose protected health information for treatment activities of a health care provider.”  (45 CFR 164.506(c)(2)). 

Treatment means the provision, coordination, or management of health care and related services by one or more health care providers, including the coordination or management of health care by a health care provider with a third party; consultation between health care providers relating to a patient; or the referral of a patient for health care from one health care provider to another.

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Liability of Business Associates for HIPAA Penalties

May 29, 2019/in Data Privacy, Health Information, HIPAA

The HITECH Act extended certain HIPAA obligations to business associates, including those entities that create, receive, maintain or transmit protected health information (“PHI”) on behalf of covered entities. Business associates who fail to comply with their HIPAA obligations may be directly liable for HIPAA penalties ranging from $114 to $57,0511 per violation.

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This publication is designed to provide general information on pertinent legal topics. The statements made are provided for educational purposes only. They do not constitute legal or financial advice nor do they necessarily reflect the views of Holland & Hart LLP or any of its attorneys other than the author. This publication is not intended to create an attorney-client relationship between you and Holland & Hart LLP. Substantive changes in the law subsequent to the date of this publication might affect the analysis or commentary. Similarly, the analysis may differ depending on the jurisdiction or circumstances. If you have specific questions as to the application of the law to your activities, you should seek the advice of your legal counsel.

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