>
>   The Google eHealth terms of service states:
>
> "Google may only use health information you provide as permitted by 
> the Google Health Privacy Policy, your Sharing Authorization, and 
> applicable law.  Google is not a "covered entity" under the Health 
> Insurance Portability and Accountability Act of 1996 and the 
> regulations promulgated thereunder ("HIPAA").  As a result, HIPAA does

> not apply to the transmission of health information by Google to any
third party."
>


-- Some clarification for folks who may be unfamiliar with healthcare
records...

1. Note that Google is offering a PHR (a Personal Health Record as
opposed to an Electronic Medical Record or Electronic Patient Record).
A PHR may be defined as "a computer-accessible, interoperable,
universally available, lifelong resource of pertinent health
information.  Maintained in a secure manner, the information originates
from a multitude of sources and is used by individuals and their
authorized clinical and wellness professionals to help guide and make
health decisions.  The record is different from and does not replace the
legal record of a provider."

2. This and most other PHRs would not be covered by HIPAA simply because
Google is not a 'covered entity' - defined by HIPAA regs as  a health
plan, a health care clearinghouse, or a health care provider (e.g.,
hospital, clinic, MD) who transmits any health information in electronic
form in connection with a HIPAA transaction. 

3.  And if you are interested in data breaches (health care and other),
go to the list at http://www.privacyrights.org/ar/ChronDataBreaches.htm

Liz Allan, RHIA
San Jose, CA

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