According To Hipaa A Patient'S Lab Results Are Considered

Health Insurance Portability & Accountability Act

Federal privacy standards to protect patients' medical records and other health information provided to health plans, doctors, hospitals and other health care providers.

Took effect on April 14, 2003.

Access to their medical records and more control over how their personal health information is used and disclosed

Department of Health and Human Services (HHS)

State laws providing additional protections to consumers are not affected by this new rule

It reduces health care fraud, guarantee security and privacy of healthcare info., enforce standards for electronic data interchange

1. Portability 2. Standardization 3. Administration Simplification 4. Accountability 5. Privacy Protection

Continuity of coverage access; denial of coverage based on pre-existing conditions

Of billing of format and language

Same computer language industry wide

Same computer language industry wide

Oral, written, electronic information management

1. Receive notice of privacy policies 2. Access to health information on file 3. Limit uses and disclosures of medical information 4. Make amendments to medical record 5. Revoke authorizations 6. Have an accounting of info disclosures for up to 6 years

1. Electronic Data Interchange 2. Security 3. Privacy 4. National Identifiers for Health care

When patients provide information to their providers they expect only people who are caring for them will see it and it be used to help care for them

1. Physical and Mental health 2. Provision of health care to patient 3. Payment for the patient's health care 4. Anything that can be communicated orally in written form or through other media Ex. Name, date of birth, SS #, address, phone #, patient account #, date, location of healthcare service, Dx., Tx., meds, email address, photo, lab results.

1. Selling information for databases 2. Advertising

Must be in writing and the patient voluntarily agrees to let the organization use the information for a particular purpose

Patients have the right to revoke authorization at any time in writing

-The Protected Health Information [PHI] to be used and disclosed; -The person authorized to make the use or disclosure; -The person to whom the Covered Entity may make the disclosure; -An expiration date; -The purpose for which the information may be used or disclosed.

Information can be disclosed to other health care providers if the information is for treatment. Only minimal necessary amount of PHI is needed to perform the job.

Patient's consent for release.

Ex. Limit use of faxes for highly sensitive information, verify numbers & availability of receiver, keep fax machines secure, remove fax promptly on arrival.

•If someone asks for information about a patient's case, ask why it is needed and disclose only the minimum amount necessary for that person to do his or her job.

•HIPAA gives the patients the right to inspect and copy the PHI that your facility keeps about them

-Inadvertent -civil -Criminal

Inadvertent-standards in place, safe guards present, still happened: None

Example: Nurse takes copy of lab results home with her

Civil- Done w/o intent to gain, but deliberate: $ 100.00 per violation up to $25,000.00 per year for each violation-

Example: Practice signing in with "Reason for Visit" column

Deliberate, for gain, causes harm- $250,000.00 in fines and/or up to 10 years jail time

Example: Publishing- or allowing the publishing of health status or care detail of a patient

Protected Health Information

privacy

Confidentiality

Authorization

breach

disclosure

use

Individually identifiable health information that is transmitted or maintained by electronic media. Relates to the past, present, or future physical or mental health of an individual Example. Name, address, telephone, fax, email, ssn, med. dx, photographs or images

Those responsible for implementing HIPAA rules and regulations. Examples are: Health Plans, Health care clearinghouses, health care providers

A notice explaining how an individual's PHI will be used or disclosed, along with their rights, and the CE's legal duties.

-Right to written Notice of Privacy Practices [NPP] that informs consumers how Protected Health Information [PHI] will be used and to whom it is disclosed -Right of timely access to see and copy records for a reasonable fee -Right to an amendment of records -Right to restrict access and use -Right to an accounting of disclosures -Right to revoke authorization

-Establishes a Federal floor of safeguards to protect the confidentiality of medical information. -Allows patients to make informed choices when seeking care and reimbursement for care based on how personal health information may be used.

-Close doors in patient's rooms when discussing treatments. -Log off the computer when you are finished. -Dispose of patient information by shredding or storing it in a locked container for destruction. -Clear patient information off of your desk when you leave your desk.

-Tell anyone what you overhear about a patient. -Discuss a patient in public areas, such as elevators, hallways or cafeterias. -Look at information about a patient unless you need it to do your job.

-Physical Safeguards -Technical Safeguards -Administrative Safeguards

computer terminals are not placed in public areas

Every associate must keep his/her password confidential. -No photographs or recordings of any type are to be taken of patients in the clinical setting. -No cameras, tablets, cell phones or any electronic devices with photography capabilities are permitted in the clinical environment

policies and procedures for release of patient information

An unauthorized acquisition, access, use, or disclosure of PHI which compromises the security or privacy of such information.

60 days

the patient will always be given the better rights/privacy

it is as strict as HIPAA specifically on Texas medical and dental providers -This training is required once every 2 years for providers -This training is an exact photocopy of HIPAA

Occupational Safety and Health Administration

-Creating workplace health and safety policies and procedures, making sure workers follow them, and -making sure workers wear and use the right protective equipment.

8 hours

1971

OSH Act

Encourage employers and employees to reduce workplace hazards and to implement new or improve existing safety and health programs

Regulate and enforce safety and health standards to protect employees in the workplace

-A safe and healthful workplace -Know about hazardous chemicals -Report injury to employer -Complain or request hazard correction from employer -Training -Hazard exposure and medical records -File a complaint with OSHA -Participate in an OSHA inspection -Be free from retaliation for exercising safety and health rights

30 days

personal protective equipment

OSHA

-General Industry -Construction -Maritime -Agriculture

Most are unadvised (surprised) except imminent danger

-Willful -Serious -Other-than-Serious -Repeated

Law that deals with harm to a person or a person's property.

A civil wrong

Negligence

An action brought to enforce, redress, or protect a PRIVATE OR CIVIL RIGHT; a NONCRIMINAL litigation

an actionINSTITUTED BY THE GOVERNMENTto punish offensesAGAINST THE PUBLIC

-prosecution has the burden of proof and is beyond reasonable doubt -plaintiff has the burden of proof and is preponderance of the evidence

Failure to exercise the standard care that a reasonable person would give under similar circumstances Defendant does NOT INTEND for the bad consequence to result

-Duty -Breach of Duty -Causation (2 parts) -Damages

the legal obligation people owe each other not to cause any unreasonable harm or risk of harm

A legal fiction of the common law representing an objective standard against which any individuals conduct can be measured. Each person owes a duty to behave as a reasonable person would under the same or similar circumstances.

-Physical disabilities -If defendant is a child, the child's age (unless doing an "adult activity" such as driving a car) -Defendant acted during an emergency

-Mental characteristics (e.g. if defendant is of below average intelligence, he can't defend his actions based on this) -Intoxication

Violation or omission of a legal or moral duty of obligation

There are two aspects of causation that must be considered: cause in fact and proximate cause

cause without which the event COULD NOT HAVE OCCURRED -determined by the "but for" test

A cause that is legally sufficient to result in liability; an act or omission that is considered in law to result in a consequence, so that liability can be imposed on the actor -determined by foreseeability (a defendant is liable only for consequences of his negligence that were reasonably foreseeable when he acted)

There are two aspects of damages that must be considered: actual, physical harm and the monetary values ascribed to those harms

show that you suffered actual injury (ex. broken arm, burned down house, etc)

-Money claimed by, or ordered to be paid to, a person as compensation for loss or injury" >>The law tries to restore the plaintiff to her pre-injury condition using money

Direct loss Economic loss Pain and suffering

value of the loss of certain bodily functions (ex. leg)

out of pocket costs resulting from injury (ex. medical bills, lost wages, property damage)

value of the mental anguish plaintiff has suffered and will continue to suffer