QuestionQ185

Federal Privacy Laws

What HIPAA compliance consideration would Miraculous need to address before using the telehealth app?

  • A HIPAA does not permit healthcare providers to use cloud hosting services.
  • B HIPAA does not permit in-person appointment data to be hosted in the cloud.
  • C HIPAA would require Miraculous and MedApps to enter into a Business Associate Agreement.
  • D HIPAA would require Miraculous to obtain patient consent before in-person appointment data can be shared with third parties.
Explanation

A vendor that hosts and supports a telehealth application involving protected health information on behalf of a covered health care provider is a business associate. HIPAA requires the covered entity and that business associate to have a HIPAA-compliant Business Associate Agreement governing permitted uses, disclosures, and safeguards for the PHI. Cloud storage is permitted when the applicable HIPAA requirements, including the BAA, are met.

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