Is a Credit Check Database for Patients Allowable Under HIPAA?
Full Question:
Answer:
The answer will depend on all the facts involved, such as whether the participants are covered entities and the information gathered. Generally, what you describe seems to fall under HIPAA coverage, however, we are prohibited from giving a legal opinion, as this service provides information of a general legal nature. We suggest you contact a local attorney who can review all thefacts and documents invovled.
To define protected health information, you have to examine two definitions that were in Section 1171 of Part C of Subtitle F of Public Law 104-191 (August 21, 1996): Health Insurance Portability and Accountability Act of 1996: Administrative Simplification. These statutory definitions are of health information and individually identifiable health information.
“Health information means any information, whether oral or recorded in any form or medium, that–
and or the past, present, or future payment for the provision of health care to an individual; and
(i) That identifies the individual; or
(ii) With respect to which there is a reasonable basis to believe the information can be used to identify the individual.”
A covered entity is defined as a practitioner who either bills electronically or uses a clearinghouse for billing purposes.
For further discussion, please see:
http://www.hipaa.com/2009/09/hipaa-protected-health-information-what-does-phi-include/
