On September 2, 2020, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) announced a new “Health Apps” feature on the HHS.gov website.  The new website, which replaces the OCR’s Health App Developer Portal, highlights existing guidance for mobile health (“mHealth”) apps regarding the Health Insurance Portability and Accountability Act (“HIPAA”) regulations.

The new website features OCR’s guidance for mHealth app developers and others who may be “interested in the intersection of health information technology and HIPAA privacy and security protections,” including:

  • Mobile Health Apps Interactive Tool – A web-based tool created by OCR, in conjunction with the Federal Trade Commission and the Food and Drug Administration, to help health-related mobile app developers understand which federal laws and regulations may be applicable.
  • Health App Use Scenarios & HIPAA – Guidance illustrating when a mHealth developer may be acting as a business associate under HIPAA.
  • Access Rights, Apps, and APIs – FAQs on the HIPAA right of access, mobile apps, and application programming interfaces (APIs).
  • Health Information Technology – FAQs relating to HIPAA and various aspects of health information technology.
  • Guidance on HIPAA & Cloud Computing – Guidance to help covered entities and their business associates, including cloud services providers (“CSPs”), understand how to comply with the HIPAA requirements while using cloud computing technologies.

These new resources are OCR’s latest attempt to make the HIPAA regulations more relevant to rapidly evolving areas of health information technology.

Tags: digital health, Health IT, Health privacy, HIPAA, MHealth, Mobile Devices, Mobile Medical Apps, Mobile Technology
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Photo of Anna D. Kraus Anna D. Kraus

Anna Durand Kraus has a multi-disciplinary practice advising clients on issues relating to the complex array of laws governing the health care industry. Her background as Deputy General Counsel to the U.S. Department of Health and Human Services (HHS) gives her broad experience…

Anna Durand Kraus has a multi-disciplinary practice advising clients on issues relating to the complex array of laws governing the health care industry. Her background as Deputy General Counsel to the U.S. Department of Health and Human Services (HHS) gives her broad experience with, and valuable insight into, the programs and issues within the purview of HHS, including Medicare, Medicaid, fraud and abuse, and health information privacy. Ms. Kraus regularly advises clients on Medicare reimbursement matters, the Medicaid Drug Rebate program, health information privacy issues (including under HIPAA and the HITECH Act), and the challenges and opportunities presented by the Affordable Care Act.

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Photo of Tara Carrier Tara Carrier

Tara Carrier advises clients on a variety of health care compliance matters, including fraud and abuse, health information privacy and compliance with HIPAA, promotion and advertising, market access, pricing and reimbursement activities, and other related areas. She routinely advises on regulatory compliance and…

Tara Carrier advises clients on a variety of health care compliance matters, including fraud and abuse, health information privacy and compliance with HIPAA, promotion and advertising, market access, pricing and reimbursement activities, and other related areas. She routinely advises on regulatory compliance and enforcement risk, commercial transactions, and administrative and legislative policy opportunities. Tara also has experience counseling clients on investigations and compliance matters, including implementing and operating under HHS OIG Corporate Integrity Agreements.

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