decisionhealth Newsletters, Part B News - 2016 Issue 11 (November)
Health apps, wearable fitness trackers may trigger HIPAA, need for BAA
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Article Overview
This article covers how health care providers should think about privacy and security obligations when patients use mobile apps and wearable fitness tools. It discusses the general circumstances under which HIPAA may apply, when a business associate agreement may be relevant, and why the topic matters for providers, vendors, and patients using personal digital health tools. The piece also references OCR guidance, stakeholder questions, and conference commentary from privacy and health law experts.
Why This Topic Matters
As patients increasingly share health information through personal devices and apps, providers need a clear understanding of when those tools fall within HIPAA-related obligations and when vendor relationships may require additional contractual safeguards.
Article Sections
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Patients, providers use health apps
Discusses the growing use of mobile health apps and wearable devices, along with the ways patients and clinicians interact with data from these tools.
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Determine when HIPAA doesn’t apply
Explains the general circumstances in which personal digital tools are described as outside HIPAA coverage and addresses direct-to-consumer use and patient-managed information flows.
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Get a BAA when HIPAA applies
Summarizes the article’s discussion of provider relationships with app vendors and when business associate arrangements may become relevant.
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Review the rules for BAAs
Covers broad considerations for business associate agreements, including protections for patient information and vendor safeguards discussed by conference speakers.
What You Will Learn
- How the article frames HIPAA applicability for patient-facing health apps and wearable devices
- What general situations are discussed in relation to business associate agreements
- Why OCR guidance and stakeholder resources are relevant to app-based health data handling
- What broad privacy and security considerations are highlighted for vendor relationships
Who Should Read This
- Health care providers
- Compliance professionals
- Privacy and security officers
- Health law attorneys
- App developers and health technology vendors
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