Tuesday, October 23, 2007

Something to Ponder....10/24

One of the areas that we forget to take into account when we transmit records is the fax. Merely stating that "if you weren't supposed to get the fax, you should destroy it" doesn't meet HIPAA standards of PHI protection.

Who is responsible for any breach? The sender.

Received a comment about the circumstances involving the North Campus patient that PRMC accused me of violating HIPAA about. Then I realized: The only way someone could identify the patient was if they had been given information by the family. Or if someone had access to the PHI. I still don't know the patient's name, nor do I want to.

And, yes, it came as an anonymous comment.

Tomorrow, oral arguments will be given in Texarkana as to forcing Suddenlink to disclose my identity. That is all it is for. It has no bearing on the accusations that PRMC has, it only says that the court can or cannot compel the internet provider to disclose without proof of an actual offense, merely by accusation.

Should the court rule in my favor, Essent still has the option of attempting to prove their accusations to a sufficient standard for disclosure. The bar will just have been raised a bit higher. And, rather than making an end run around the system, the means and the goal will be in their proper order.

Is this over? Probably not.

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