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openasockettoday at 12:02 PM1 replyview on HN

Searching in vain for any mention of HIPAA compliance…


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claytongulicktoday at 12:45 PM

HIPAA only applies to data originating from a covered entity.

It doesn't apply to information the patient supplies directly.

As a patient, I can take out a street sign displaying my health records if I want. It's my data.

If I want to upload it to a strange AI or any other app, that's completely fine. HIPAA isn't involved, for either me or the company I upload to.

In fact, quite the opposite. CMS has been going to great pains over the past decade or so to create standards to help patients get access to their records and own them themselves.

Different states may have additional protections in this case, and I know there has been some discussion at the federal level about regulating these "wellness" apps.

As an interesting technical detail not many people know, HIPAA only applies to Covered Entities and Business Associates engaging in the electronic exchange of information using "standard transactions", and was intended to regulate insurance and billing transactions.

A doctor that keeps paper charts and bills cash directly to the patient wouldn't fall under HIPAA at all.

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