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Pabrai on HIPAA/HITECH Compliance

Aug 16 2010   4:23PM GMT

Definitions of Some Terminology – Updates in HITECH NPRM



Posted by: Pabrai
definitions, HIPAA, HITECH, NPRM

The HITECH NPRM published as a Federal Register on July 14, 2010 (45 CFR Parts 160 and 164) includes updates to certain terminology.

Disclosure

Disclosure means the release, transfer, provision of access to, or divulging in any manner of information outside the entity holding the information.

Electronic Media

Electronic storage material on which data is or may be recorded electronically, including, for example, devices in computers (hard drives) and any removable/transportable digital memory medium, such as magnetic tape or disk, optical disk, or digital memory card;

Transmission media used to exchange information already in electronic storage media. Transmission media include, for example, the Internet (wide-open), extranet or intranet (using Internet technology to link a business with information accessible only to collaborating parties), leased lines, dial- up lines, private networks, and the physical movement of removable/transportable electronic storage media.

Certain transmissions, including of paper, via facsimile, and of voice, via telephone, are not considered to be transmissions via electronic media if the information being exchanged did not exist in electronic form before the transmission.

Protected Health Information (PHI)

Protected Health Information (PHI) excludes Individually Identifiable Health Information (IIHI):

  • In education records covered by the Family Educational Rights and Privacy Act
  • In employment records held by a covered entity in its role as employer
  • Regarding a person who has been deceased for more than 50 years

Workforce

Workforce means employees, volunteers, trainees, and other persons whose conduct, in the performance of work for a covered entity or business associate, is under the direct control of such covered entity or business associate, whether or not they are paid by the covered entity or business associate.

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