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Under HIPAA, which one of the following statements is true regarding the release of PHI by covered entities..?

Under HIPAA, which one of the following statements is true regarding the release of PHI by covered entities to business associates?

a. covered entities are responsible for the use of PHI made by business associates.
B. covered entities aren’t allowed to release PHI to business entities.
C. covered entities must require adequate assurances in writing that business associates will adequately safeguard PHI.
D. Once a covered entity releases information to a business associate, the associate may disclose that information to other entities.

I believe it is B.

This is from my study guide, not actual homework. I just need help. am I right?

B. HIPAA is supposed to protect the unauthorized (by you) release of PHI to anyone who doesn’t have a need to know, including healthcare colleagues. If info is shared to present case examples, the identity of the patient must be withheld. HIPAA is very poorly enforced, though.

Anecdote: Shortly after HIPAA was passed, reporters from the local newspaper went dumpster diving in the trash bin at the hospital I worked at. Of course, it doesn’t take too long to find a lab report or scrap of paper with some sort of personal info on it. The paper then published this story about how insecure patient medical information was, even though when you think about it no serious entity would use this fruitless method to get info on an individual. Within a week, paper shredders appeared on all seven nursing floors. People want their info withheld mainly from insurers and potential employers, and the real risk lies in computerized patient records being released over the wires. To anyone with the proper credentials.

Edit: I’m wrong, it’s C, because the BAA applies to those who are supposed to have a “need to know”.

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