GT GT

BAA Refusal and Required Contract Terms: What to Do When a Vendor Will Not Sign

This article explains how to determine whether a vendor actually requires a BAA, what contract terms HIPAA requires in a compliant BAA, why some “standard vendor BAAs” still fail the requirements, and how to respond when a vendor will not sign. The goal is to give clinics a repeatable decision process that produces defensible outcomes and a clean documentation trail.

Read More
GT GT

AI Scribes, Call Recording, and Voicemail Transcription Under HIPAA

This article breaks the topic into three practical systems: AI scribes, call recording, and voicemail transcription. The guiding question is consistent across all three: where does the PHI go, who touches it, how is it secured, and what contractual and policy controls prove that it is handled in a HIPAA-compliant way.

Read More
GT GT

Employee Offboarding and Termination of Access Under HIPAA

This article explains what HIPAA expects regarding termination procedures and access removal, what “addressable” means in practice for smaller clinics, and how to build an offboarding process that is both defensible and workable. It is informational, not legal advice.

Read More
GT GT

What Happens When OCR Gets a Complaint About Your Clinic

This article explains, in operational terms, what OCR looks at during complaint intake, what typically happens after OCR accepts a complaint for investigation, what kinds of information OCR can request, and how a clinic should respond when the first letter arrives. It focuses on the actual rules and OCR’s published process descriptions, not folklore.

Read More
GT GT

Online Reviews and HIPAA

This article gives a defensible playbook: the legal framework, response scripts that stay out of PHI territory, escalation rules for when to stop replying publicly, vendor and BAA considerations for reputation management, and an incident-response approach if PHI is posted.

Read More
GT GT

How Should a Small Clinic Respond to a Subpoena or Court Order for Records?

If you run a small clinic, you will eventually receive a request for records that looks official and urgent: a subpoena, a court order, or some other legal demand. The two failure modes are predictable. One is handing over too much, too fast, because the document looks scary. The other is ignoring it, because no one knows what to do. HIPAA sits in the middle: it allows disclosures for judicial and administrative proceedings, but only under specific conditions and with tight limits on scope. 

Read More
GT GT

We Sent Records to the Wrong Person: Is It a HIPAA Breach?

Sending medical records to the wrong person by email, fax, or mail is usually an impermissible disclosure under the HIPAA Privacy Rule, and it is presumed to be a reportable HIPAA “breach” unless you can fit the event into a specific exclusion or you can document a four-factor risk assessment showing a low probability that the PHI was compromised.

Read More
When is an IT Company a HIPAA Business Associate?
GT GT

When is an IT Company a HIPAA Business Associate?

If your IT vendor creates, receives, maintains, or transmits protected health information (PHI) on your behalf, or if it needs access to PHI to perform its services, HIPAA generally treats it as a business associate and expects a business associate agreement (BAA) to be in place before PHI is involved. 

Read More
Do You Have to Report a HIPAA Incident if No Data Left the System?
GT GT

Do You Have to Report a HIPAA Incident if No Data Left the System?

A breach, for breach-notification purposes, is built around impermissible acquisition, access, use, or disclosure of protected health information (PHI), plus a presumption and a required risk assessment framework. Whether data actually left the system is relevant evidence, but it is not the deciding factor by itself. The right answer is usually: you may not have to notify patients or HHS, but you almost always have to analyze, document, and treat the event as a security incident until you can justify a different conclusion.

Read More
How Long Do Clinics Have to Respond to a Medical Records Request?
GT GT

How Long Do Clinics Have to Respond to a Medical Records Request?

Under the HIPAA Privacy Rule, a clinic must act on an individual’s request for access no later than 30 calendar daysafter receiving the request. “Act on” is not vague. It means you either provide the requested access (in whole or in part) or you issue a written denial for any portion you are not providing.

Read More