BC Advantage - 2020 Issue 5

Sharing of PHI with Large Tech Companies, Confidential Agreements, and HIPAA's Prohibition on the Marketing and Sale of PHI

As stated on Forbes, "The chief worry isn't about thieves getting their hands on lost or stolen devices, but the ease with which companies can gain access to the personal information."  In the healthcare sector, protected health information (PHI) requires that certain measures be adopted, which include, but are not limited to the following: (1) express, written, patient consent;  (2) a mutually executed business associate agreement (BAA);  and (3) an annual, adequate risk analysis, as required by the Security Rule.  While it is not uncommon for healthcare entities, as well as business associates and subcontractors...

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