The
Privacy rule does not call for encryption. Having said this, at the very least I
would inventory those instances and inform the c.e. so that both of you can
start working on secure transmission methods. Obviously the sooner you address
this the better, but I would say you'd have 2 years to get there if you need to,
as far as compliance is concerned.
The caveat goes to what would be
considered "reasonable"
a.
I would appreciate any suggestions on how a
business associate should address the receipt of PHI from a covered entity
that has been sent across an open network (without encryption) after the
Privacy Rule is enforceable.
Thank you.
Marcus McCrory
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