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Exam CIPP-US topic 1 question 153 discussion

Actual exam question from IAPP's CIPP-US
Question #: 153
Topic #: 1
[All CIPP-US Questions]

SCENARIO -
Please use the following to answer the next question:
Miraculous Healthcare is a large medical practice with multiple locations in California and Nevada. Miraculous normally treats patients in person, but has recently decided to start offering telehealth appointments, where patients can have virtual appointments with on-site doctors via a phone app.
For this new initiative, Miraculous is considering a product built by MedApps, a company that makes quality telehealth apps for healthcare practices and licenses them to be used with the practices’ branding. MedApps provides technical support for the app, which it hosts in the cloud. MedApps also offers an optional benchmarking service for providers who wish to compare their practice to others using the service.
Riya is the Privacy Officer at Miraculous, responsible for the practice's compliance with HIPAA and other applicable laws, and she works with the Miraculous procurement team to get vendor agreements in place. She occasionally assists procurement in vetting vendors and inquiring about their own compliance practices, as well as negotiating the terms of vendor agreements. Riya is currently reviewing the suitability of the MedApps app from a privacy perspective.
Riya has also been asked by the Miraculous Healthcare business operations team to review the MedApps’ optional benchmarking service. Of particular concern is the requirement that Miraculous Healthcare upload information about the appointments to a portal hosted by MedApps.
What HIPAA compliance issue would Miraculous have to consider before using the telehealth app?

  • A. HIPAA does not permit healthcare providers to use cloud hosting services.
  • B. HIPAA does not permit in-person appointment data to be hosted in the cloud.
  • C. HIPAA would require Miraculous and MedApps to enter into a Business Associate Agreement.
  • D. HIPAA would require Miraculous to obtain patient consent before in-person appointment data can be shared with third parties.
Show Suggested Answer Hide Answer
Suggested Answer: C 🗳️

Comments

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Bhimesh
7 months, 2 weeks ago
Selected Answer: C
Vendor Management Organizations will need to select the agreement type(s) most appropriate for their specific circumstances. These agreements take on particular importance when the vendor will be involved in the handling of sensitive information on behalf of the organization. Organizations operating under some regulatory frameworks may need to follow the vendor management practices required by those standards. For example, the Health Insurance Portability and Accountability Act (HIPAA) requires the creation of a “business associate agreement (BAA)” that obligates the vendor to comply with HIPAA's security, privacy, and breach notification rules.
upvoted 1 times
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Romeokton
9 months, 3 weeks ago
Selected Answer: C
The key is to reach a conclusion if the app vendor is a business associate or not. However, as in many other occasions the questions are not developed in the best possible way and leave room for interpretation (frankly, I am curious if this is intentional or not). I tend to believe that in this case the developer is a business associate, so not a third party which makes D wrong.
upvoted 1 times
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Ambulocetus
1 year, 3 months ago
Both C and D are correct, but D is the better answer because of the sharing of ePHI with the optional benchmarking app (which is not a covered transaction).
upvoted 1 times
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[Removed]
1 year, 6 months ago
Selected Answer: C
I believe it's C. Covered entities are required to enter into a BAA before taking a business associate on as a vendor.
upvoted 3 times
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[Removed]
1 year, 6 months ago
Can someone confirm the answer is D?
upvoted 1 times
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