October 27, 2015

Question:

Jennifer,

We are selling equipment that has patient information on it.  Service won't be here in time to delete.  Can the buyer pick it up?

Thanks, 
L

Answer:

I'm glad you flagged this as a question!  Most may just sell and not consider data saved!  Don't forget Affinity!  Affinity had to pay $1.2 million for forgetting to delete patient information from its copiers prior to returning!  A resolution worth considering so you do not hold up the sale is entering into a BAA with the purchaser to set contractual terms as to how the patient information will be maintained post-transfer.  Having a BAA in place would significantly limit exposure, especially if that BAA contains indemnification language - exculpating the seller from monetary exposure for a breach by purchaser.

Some food for thought!  Careful with your BAA; some offer more protections than others!

 
K&K WEBINAR SIGN UP!!!!

 

Title: Employee stuff!

Date and Time: Wed, Nov 4, 2015 12:00 PM - 1:00 PM EST
Description:  Join K&K for a lunch break discussion on employee classification, hours, overtime, breaks and vacation. We'll try to keep it simple, short and sweet.
Register: HERE!



Title: Getting ready for 2015 HIPAA Breach Reporting!

Date and Time: Wed, Nov 18, 2015 12:00 PM - 1:00 PM EST
Description:  Its that time of the year again! The time when you report when you've been naughty and inappropriately (directly or indirectly) disclosed patient information. Join K&K to discuss practitioner obligations, and a discussion about WHAT IS A REPORTABLE BREACH???
Register: HERE!

 

Looking for HIPAA and compliance forms?  
Click here to visit our website.
Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.