For those of you who have done healthcare deals - is there a standard approach to transferring patient data and records in a change-of-ownership scenario, in a HIPAA-compliant manner, without getting individual patient consents? Thanks in advance for any answers!
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"'A covered entity may use or disclose protected health information for its own......health care operations." 45 C.F.R###-###-#### c)(1). The term "health care operations" includes "the sale, transfer, merger, or consolidation of all or part of the covered entity with another covered entity.....' Id. at###-###-#### ."
http://www.ncpa.co/pdf/WP-selling-assets-transferring-patient-files.pdf
The definition of "health care operations" is condensed in the article, but the full section that is relevant here reads:
(6) Business management and general administrative activities of the entity, including, but not limited to: (iv) The sale, transfer, merger, or consolidation of all or part of the covered entity with another covered entity, or an entity that following such activity will become a covered entity and due diligence related to such activity.