CIPP-US · Question #140
SCENARIO Please use the following to answer the next question: Miraculous Healthcare is a large medical practice with multiple locations in California and Nevada. Miraculous normally treats patients…
The correct answer is D. Miraculous Healthcare would be the covered entity because it is the healthcare provider. Under the Health Insurance Portability and Accountability Act (HIPAA), entities involved in the handling of protected health information (PHI) are classified as either covered entities or business associates based on their roles and activities. Definitions Under HIPAA: Covered…
Question
SCENARIO Please use the following to answer the next question:
Miraculous Healthcare is a large medical practice with multiple locations in California and Nevada. Miraculous normally treats patients in person, but has recently decided to start offering telehealth appointments, where patients can have virtual appointments with on-site doctors via a phone app. For this new initiative. Miraculous is considering a product built by MedApps. a company that makes quality telehealth apps for healthcare practices and licenses them to be used with the practices" branding. MedApps provides technical support for the app. which it hosts in the cloud MedApps also offers an optional benchmarking service for providers who wish to compare their practice to others using the service. Riya is the Privacy Officer at Miraculous, responsible for the practice s compliance with HIPAA and other applicable laws, and she works with the Miraculous procurement team to get vendor agreements in place. She occasionally assists procurement in vetting vendors and inquiring about their own compliance practices. as well as negotiating the terms of vendor agreements Riya is currently reviewing the suitability of the MedApps app from a pnvacy perspective Riya has also been asked by the Miraculous Healthcare business operations team to review the MedApps' optional benchmarking service. Of particular concern is the requirement that Miraculous Healthcare upload information about the appointments to a portal hosted by MedApps. Which of the following would accurately describe the relationship of the parties if they enter into a contract for use of the app?
Options
- AMiraculous Healthcare would be the covered entity because Us name and branding are on the
- BMedApps would be the covered entity because it built and hosts the app and all the data.
- CMiraculous Healthcare would be a covered entity because it is the healthcare provider; MedApps
- DMiraculous Healthcare would be the covered entity because it is the healthcare provider;
How the community answered
(67 responses)- A1% (1)
- B4% (3)
- C10% (7)
- D84% (56)
Explanation
Under the Health Insurance Portability and Accountability Act (HIPAA), entities involved in the handling of protected health information (PHI) are classified as either covered entities or business associates based on their roles and activities. Definitions Under HIPAA: Covered Entity (CE): A healthcare provider, health plan, or healthcare clearinghouse that creates, receives, maintains, or transmits PHI. Miraculous Healthcare qualifies as a covered entity because it is a medical practice directly providing healthcare services to patients. Business Associate (BA): An organization or individual that performs functions, activities, or services involving the use or disclosure of PHI on behalf of a covered entity. MedApps qualifies as a business associate because it is providing a telehealth app service to Miraculous, which involves hosting and maintaining PHI (e.g., appointment details, patient Analysis of the Relationship: Miraculous Healthcare: As the healthcare provider, it is responsible for patient care and compliance with HIPAA. Since it directly provides healthcare services to patients, it is the covered entity in this scenario. MedApps: Although MedApps designed, hosts, and supports the telehealth app, it is providing these services on behalf of Miraculous Healthcare. As such, MedApps is a business associate under HIPAA. This designation requires MedApps to comply with HIPAA regulations through a Business Associate Agreement (BAA), ensuring that it appropriately safeguards the PHI it handles on behalf of Miraculous Healthcare. Consideration of the Benchmarking Service:
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