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Description
VSee is a videoconferencing software company that represents the other approach to the business associate issue. According to its website, “VSee never has access to any information, health or otherwise, that you may observe, transmit, or receive by using VSee, and therefore should not be considered a Business Associate under HIPAA rules.” Because the VSee company has no contact with the calls that you make using the VSee software and therefore could not access the PHI being sent across the internet, the business associate rule would simply not apply, and no business associate agreement would be necessary for HIPAA compliance. This situation appears to constitute the “mere conduit exception” to the business associate rule. Under the HITECH Act and the DHHS regulations implementing the Act, a mere conduit is not a business associate. If the organization cannot view the PHI, but rather is merely a conduit for its maintenance or transmission, it is not a business associate.
Your passion is to help people stay healthy and enjoy life. But now, you face the threat of knowing every nuance of every HIPAA law. Add to that, the increasing monetary penalties and even criminal convictions and suddenly you’re getting more stress out of your job than joy. Veterans Press is your source for HIPAA Compliance. We’re helping health care professionals just like you become HIPAA Compliant. For nearly two decades, Veterans Press has been the nation’s leading authority in Healthcare law. At Veterans Press our business is to make your business HIPAA compliant.
Our mental and behavioral health guide to HIPAA answers many of those questions you may have with how your business must comply with DHHS regulations on a day-to-day basis. The privacy regulations promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing Department of Health and Human Services (“DHHS”) regulations, primarily the Security and Privacy Rules, complicate many important issues and have a tremendous impact on most health care entities. Mental and behavioral health professionals, in particular, walk a fine line balancing patient care, security, and privacy. Mental and Behavioral Health and HIPAA: An Uneasy Alliance clarifies many complicated HIPAA and DHHS regulations, allowing professionals to provide the best care for their patients while protecting individual rights and public interest.
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