In article ,
Jerry Stuckle wrote:


As for the mesh network between hospitals. You need to be careful. For
instance, NO medical information can be transmitted in the clear (HIPAA
regulations have severe penalties for doing so) - which eliminates ham
radio for transmitting this information (encryption not allowed).


Whoa, that is an ultra Broad Statement, and not supported by Part 97
Rules. There was published a very compelling White Paper on Part 97
Encryption Policy last Fall, that has generated some interest. I sent a
copy to a few "Friends" at FCC HQ, from the Old Days, and got some very
interesting replies, that though UnOfficial, tend to lead me to believe
that the White Paper is Spot On.... Maybe Phil, could expound on the
issue, a bit more as He was, is, a Comms Lawyer, previously with the
Commission. What say Phil, would you like to climb out on this limb?

--
Bruce in Alaska add path before the @ for email

On Sun, 27 Jan 2013 13:52:20 EST, Bruce Gordon
wrote:

Maybe Phil, could expound on the
issue, a bit more as He was, is, a Comms Lawyer, previously with the
Commission. What say Phil, would you like to climb out on this limb?

Stand by on that.....

73 de K2ASP - Phil Kane

From a Clearing in the Silicon Forest
Beaverton (Washington County) Oregon

On 1/27/2013 1:52 PM, Bruce Gordon wrote:
In article ,
Jerry Stuckle wrote:


As for the mesh network between hospitals. You need to be careful. For
instance, NO medical information can be transmitted in the clear (HIPAA
regulations have severe penalties for doing so) - which eliminates ham
radio for transmitting this information (encryption not allowed).


Whoa, that is an ultra Broad Statement, and not supported by Part 97
Rules. There was published a very compelling White Paper on Part 97
Encryption Policy last Fall, that has generated some interest. I sent a
copy to a few "Friends" at FCC HQ, from the Old Days, and got some very
interesting replies, that though UnOfficial, tend to lead me to believe
that the White Paper is Spot On.... Maybe Phil, could expound on the
issue, a bit more as He was, is, a Comms Lawyer, previously with the
Commission. What say Phil, would you like to climb out on this limb?


FCC Rules, Part 97.113 (Prohibited Transmissions)):

(4) Music using a phone emission except as specifically provided
elsewhere in this section; communications intended to facilitate a
criminal act; messages encoded for the purpose of obscuring their
meaning, except as otherwise provided herein; obscene or indecent words
or language; or false or deceptive messages, signals or identification.

There is no exception for transmission of medical or emergency data.

Doesn't seem that it could be any clearer.

White papers don't override the rules and regs.

--
==================
Remove the "x" from my email address
Jerry Stuckle
JDS Computer Training Corp.

==================

On Sun, 27 Jan 2013 20:14:35 EST, Jerry Stuckle
wrote:

There is no exception for transmission of medical or emergency data.

Doesn't seem that it could be any clearer.

White papers don't override the rules and regs.

"White papers" when issued by the FCC explain how they intend to
apply/interpret/enforce the rules, and are persuasive authority in
cases of litigation thereof. Sometimes they make it easier, sometimes
they make it more stringent than "black letter" rules. We use a ton
of those in procedural cases of waiver requests.

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

On 1/27/2013 7:14 PM, Jerry Stuckle wrote:
There is no exception for transmission of medical or emergency data.

http://www.hhs.gov/ocr/privacy/hipaa/faq/safeguards/197.html

Specifically:
For example, the Privacy Rule does not require the following types
of structural or systems changes:

Encryption of wireless or other emergency medical radio communications
which can be intercepted by scanners.

Jeff-1.0
wa6fwi

On 1/27/2013 10:50 PM, Foxs Mercantile wrote:
On 1/27/2013 7:14 PM, Jerry Stuckle wrote:
There is no exception for transmission of medical or emergency data.

http://www.hhs.gov/ocr/privacy/hipaa/faq/safeguards/197.html

Specifically:
For example, the Privacy Rule does not require the following types
of structural or systems changes:

Encryption of wireless or other emergency medical radio communications
which can be intercepted by scanners.

Jeff-1.0
wa6fwi



"Emergency" is the defining word here. And when you look up the
definition, it refers to a threat of an immediate loss of life.

This exception was implemented to allow Life Flight helicopters,
Ambulances, etc. to be able to communicate with the hospital.

--
==================
Remove the "x" from my email address
Jerry Stuckle
JDS Computer Training Corp.

==================