Can a covered entity refuse to disclose ePHI to an app chosen by an individual because of concerns about how the app will use or disclose the ePHI it receives?
Can a covered entity refuse to disclose ePHI to an app chosen by an individual because of concerns about how the app will use or disclose the ePHI it receives?
Can
a covered entity refuse to disclose ePHI to an app chosen by an
individual because of concerns about how the app will use or disclose
the ePHI it receives?
No.
The HIPAA Privacy Rule generally prohibits a covered entity from
refusing to disclose ePHI to a third-party app designated by the
individual if the ePHI is readily producible in the form and format used
by the app. See 45 CFR 164.524(a)(1), (c)(2)(ii), (c)(3)(ii). The HIPAA
Rules do not impose any restrictions on how an individual or the
individual’s designee, such as an app, may use the health information
that has been disclosed pursuant to the individual’s right of access.
For instance, a covered entity is not permitted to deny an individual’s
right of access to their ePHI where the individual directs the
information to a third-party app because the app will share the
individual’s ePHI for research or because the app does not encrypt the
individual’s data when at rest. In addition, as discussed in a separate FAQ, the HIPAA Rules do not apply to entities that do not meet the definition of a HIPAA covered entity or business associate.
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