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Many physicians have online forms on their web sites. Is

Customer Question
Many physicians have online forms...
Many physicians have online forms on their web sites.

Is it true that if an existing patient attempts to communicate with a physician through one of these insecure online forms that that would constitute a HIPAA violation?

If not absolutely true, what are the conditions which would make it a risky communication for the practitioner?
Submitted: 7 years ago.Category: Legal
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Answered in 23 minutes by:
7/1/2010
Lawyer: PlotinusLaw, Attorney replied 7 years ago
PlotinusLaw
PlotinusLaw, Attorney
Category: Legal
Satisfied Customers: 738
Experience: 14 years of experience in all areas of family law.
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Thank you for your question and for contacting Just Answer. The short answer to your first question is it could. If the form is not secure, and there is a breach, meaning that the information was disclosed to unauthorized parties, or unauthorized parties hacked the system and obtain that information. Having said that, if the proper precautions are in place, HIPPA policy encourages the use of Web applications for doctor-patient communication and patient access to the patient's own medical records. In fact, as of 2003 HIPPA made patient access to medical records mandatory. As such, a physician using a web application in order to make patient information available to the patient would be in compliance with that policy.

In researching the answer to your questions, I came across the following website which you might find helpful. Here is the URL:http://www.hipaaguide.net/hipaa_privacy_rules.php

As well as:http://www.hipaaguide.net/hipaa_security_rules.php

Now to respond to the second half your question, what makes it a risky situation for the physician is if he has not chosen a professional and vigilant developer to design and host the medical practice web application. Emphasis has to be on security and reliability if the physician is going to provide access to patient medical information over the Internet. You may find the following link to contain useful information and additional resources:

http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html


I hope that you have found this information helpful. If there is something that I have not explained clearly, or, if you are dissatisfied with the answer, please don't hesitate to ask a follow-up question. Also, please remember to click on the green "accept" button so that I may receive credit for this answer as well as any comments or feedback you may have. Your question will not close, and you will still have the opportunity to follow-up if needed. I wish you the best of luck in pursuing your case.

This is information only, not legal advice. No attorney-client relationship has been created. Please consult an attorney in your state for legal advice regarding your matter.
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Customer reply replied 7 years ago
I am terribly sorry for the delay. I thought I had already replied. I had a brief clarifying question:

It seems you're suggesting that the mere communication isn't necessarily a HIPAA violation, but that if a form is submitted without SSL (or similar online security) that the physician is taking the greatest risk. Is that correct?

Thanks, XXXXX XXXXX again for my previous failure to hit the "Reply to Expert" button.

Will Scott
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PlotinusLaw
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Category: Legal
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Experience: 14 years of experience in all areas of family law.

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