Do Marijuana Dispensaries Require HIPAA Training?
This is a somewhat complex question as the healthcare industry intersects with the emerging field of legalized marijuana. The answer hinges on the specific details of a dispensary's operation, mainly how they handle Protected Health Information (PHI).
HIPAA, or the Health Insurance Portability and Accountability Act, establishes rules for protecting PHI in the healthcare sector. HIPAA generally applies to covered entities (healthcare providers, health plans, and healthcare clearinghouses) and business associates.
In the case of marijuana dispensaries, they may fall under the purview of HIPAA if they transmit any health information in electronic form in connection with a transaction for which HHS has adopted a standard (generally referred to as "covered transactions"). This could be the case if, for instance, the dispensary is involved in activities like patient referrals to healthcare providers, submitting healthcare claims, or other operations that involve the electronic handling of PHI.
If a marijuana dispensary is deemed a covered entity under HIPAA, it would require HIPAA training for its staff to ensure they understand and can properly implement the protections required for PHI.
It's important to note that many marijuana dispensaries may not meet the "covered entity" criteria outlined by HIPAA, especially if they do not engage in covered electronic transactions, and while they might not legally require HIPAA training, it's still considered a best practice to train staff on handling sensitive patient information to ensure dispensaries can uphold high patient privacy and trust standard, which is important in any healthcare-related business.
While marijuana dispensaries may not always legally require HIPAA training, depending on the specific nature of their operations, it's typically a good idea to undergo such training as training demonstrates a commitment to patient privacy and can only enhance the dispensary's trust and reputation.
- Answered by: Andrew David Easler, Esq.
- Published: 06/22/2023
- Updated: 06/22/2023
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