does a packet capture tool violate hippa law

'If there is an expectation that industries follow best practices, then we should reward them for it,' she said. Linda Malek, chair of the Healthcare and Privacy & Cybersecurity practices at law firm Moses & Singer, said that this is a positive development for chief information security officers. Those best practices would need to comply with recommendations from or protecting data from the National Institute of Standards and Technology or some other government endorsed standards body. The new rule, which President Trump signed into law last week, amends the Health Information Technology for Economic and Clinical Health Act so that the HHS secretary could forgo fines or cut short an investigation if a organization can show it implemented best practices for protecting health information for at least a year. §§ 160.103 and 164.512(b)(1)(v), and OCR's Frequently Asked Questions.The Department of Health and Human Services (HHS) will now consider whether organizations followed best practices for protecting medical information before assessing fines for violation of the Health Insurance Portability and Accountability Act. Generally, the Privacy Rule applies to the disclosures made by your health care provider, not the questions your employer may ask.

However, if your employer asks your health care provider directly for information about you, your provider cannot give your employer the information without your authorization unless other laws require them to do so. Your employer can ask you for a doctor’s note or other health information if they need the information for sick leave, workers’ compensation, wellness programs, or health insurance.

The Rule does protect your medical or health plan records if you are a patient of the provider or a member of the health plan.

The Privacy Rule does not apply to your employment records.

If you work for a health plan or a covered health care provider:

In most cases, the Privacy Rule does not apply to the actions of an employer. The Privacy Rule does not protect your employment records, even if the information in those records is health-related. The Privacy Rule controls how a health plan or a covered health care provider shares your protected health information with an employer.

Does a packet capture tool violate hippa law