Provided by:  Jennifer Kirschenbaum, Esq.
June 16, 2020
 
 
Question:

Jennifer,

How much info can you get from a patient on a google form? Where is the HIPAA line in the sand with online forms? Does platform matter?

Dr. R


Answer: 

Platform matters.  G Suite, by offering its business associate agreement and touting high level encryption appears to meet required metrics of a HIPAA compliant platform, and is certainly advertised as such.  If you are utilizing a free google account, you would not be signing off on a BAA, but your account would be password protected and encrypted, as google utilizes encryption.  Arguably, electing for the google option without the BAA included would raise an eyebrow should information pass outside of the intended recipient...   Assuming you are utilizing a HIPAA compliant modality, you would be authorized to utilize same for communication(s), as well as gathering Personal Health Information protected by HIPAA, without limitation.   

The Office for Civil Rights is looking to stay current with the times and is evolving with our technology.  By way of example, a recent FAQ discusses the distinction between public v. non-public interfaces, endorsing communication through non public and protected - https://www.hhs.gov/hipaa/for-professionals/faq/3024/what-is-a-non-public-facing-remote-communication-product/index.html - relevant to Telehealth.  



 


Webinars to catch up on - 
 
1) K&K Recommended Roadmap to Reopen - https://youtu.be/dvxpKV8PYiE - About our Written Protocols for Restoring staff. Adopting best practices for screening and cleaning. Protecting from liability.
 
2) TOPICS DIEI 'TOPICS OF THE DAY' - https://youtu.be/7p9Y7A88tCg - Join Jennifer Kirschenbaum, Esq. for a discussion on - Elective Procedures - what are they and when can I reopen? Medicare GRANT Discussion; Preparing for Re-Open - Employees and Patients FAQs (how to get employees off of unemployment)

3) Regal Healthcare Capital Partners - Market Update - Watch Now Here: https://youtu.be/w7UAJAsnuOk

4) HEALTHCARE - STIMULUS UPDATE, VENDOR AND ASSOCIATE CONTRACT AND HOMEWORK FOR REBOOT -  Watch Now Here: https://youtu.be/mWbSiWkpWQc?t=1

5) K&K CARES ACT STIMULUS OVERVIEW (PPP AND EIDL GRANT), DOCTOR STIMULUS AND EMPLOYMENT FAQS  -  Watch Now Here: https://youtu.be/lNdiKFoNN-4?t=1

6) CONDUCTING AND IMPLEMENTING SECURITY RISK ASSESSMENT RECOMMENDATIONS -  Watch Now Here:  https://youtu.be/8_djEyIqtyc?t=2



K&K WEBINARS
 
For other areas, such as Breach Reporting, Employment Contracting, Compliance Advice, etc., view our database of Webinars here  https://www.kirschenbaumesq.com/page/healthcare-webinars.   Now is a great time for brushing up on best practices for the "Business of Practice".   


Looking for information on a topic we have not covered, or you want covered again, email Jennifer at Jennifer@Kirschenbaumesq.com.