New tool on Health and Human Services website called Health Apps to assist with HIPAA
September 14, 2020
The newly released Health Apps Tool was developed by the Federal Trade Commission (FTC), in conjunction with the Office of Civil Rights (OCR), the HHS Office of the National Coordinator of Health Information Technology (ONC), and the FDA, to help developers of mobile health applications to determine when they may be acting as a business associate under the Health Insurance Portability and Accountability Act (HIPAA). This determination can then help developers determine whether they are required to comply with the regulations that apply to business associates provided by HIPAA.BackgroundOn September 3, 2020, OCR launched a new feature on HHS.gov, titled Health Apps. This new webpage takes the place of OCR’s previous Health App Developer Portal, and is available at https://www.hhs.gov/hipaa/for-professionals/special-topics/health-apps/index.html.The new webpage highlights OCR’s guidance on when and how the Health Insurance Portability and Accountability Act (HIPAA) regulations apply to mobile health applications, including:Mobile Health Apps Interactive ToolHealth App Use Scenarios & HIPAAFAQs on the HIPAA Right of Access, Apps & APIsFAQs on HIPAA & Health Information TechnologyGuidance on HIPAA & Cloud ComputingOCR has stated it will continue to make improvements to the HHS.gov/HIPAA web pages.
HIPAA Attorneys
Hayleigh Hansen-Boardman
Tricia L. Hoffman-Simanek
Joseph M. Miller