Are there any other issues that customers should be aware of related to Pearson Assessments tests and HIPAA regulations?
You should check with your HIPAA compliance officer for legal advice and information specific to your covered entity. As you know, all Pearson Assessments’ tests and output reports are protected by copyright and other intellectual property rights. As the HIPAA regulations are clarified, the information in these pages is subject to change. The issue of whether copyrighted material may be disclosed under HIPAA remains an open legal question. Even though MICROTEST Q software, Q Local Software, and Profile and Interpretive reports are exempt from disclosure as trade secrets and test booklets, manuals, user guides, wall charts, scoring keys and templates are exempt from disclosure because they are not PHI, nevertheless, some patients may be entitled to inspect and/or copy portions of P1-/I such as their bubble answer sheet (without question text) and the Item Responses page (only) generated by MICROTEST Q or Q Local software. The covered entity’s HIPAA compliance officer or legal counsel sh
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