Hipaa Is Designed To Protect
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HIPAA
Federal law passed by Congress in 1996 Regulations promulgated 颁布 by the Dept of Health and Human Services Guidelines implemented in April, 2003
HIPAA regulations were designed to:
1) protect individuals' rights to privacy and confidentiality 2) assure the security of electronic transfer of personal information
The first, protecting privacy and confidentiality rights, is the subject of this instructional program.
HIPAA regulations 法规
Differentiate individuals 区分个人
who have a 'need to know' from those who don't. This determines those with whom you
This determines those with whom
you can discuss protected health information
List , , and of violating HIPAA rules
legal, professional, academic consequences
as more is known about our genetic predisposition to diseases, HIPAA will ensure that, for example, an individual is not denied insurance because the company knows that she may eventually develop MS.
Genetic advancements
Why HIPAA??
Marketing - as information is more easily captured concerning, for example, the prescriptions we purchase, HIPAA is designed to prevent marketing of unsolicited products or services based on harvested marketing data.
as information is more easily captured concerning, for example, the prescriptions we purchase
Marketing
HIPAA is designed to prevent of unsolicited products or services based on harvested marketing data.
marketing
as information is quickly and sometimes loosely moved around networks, HIPAA standards will hold violators accountable for accidental or intentional 'interception' of protected health information (PHI).
Technology
When and How Often do I need to be Trained?
The law requires that we comply with the regulations and adhere to agency guidelines. Be aware that individual agencies may have unique HIPAA policies, and it is your responsibility to know and implement those policies.
What Objectives do the Privacy Regulations Accomplish for Patients?
Give patients more control over their health information. Set boundaries on the use and disclosure of health records. Establish appropriate safeguards for all people who participate in or are associated with the provision of healthcare to ensure that they honor patients' rights to privacy of their PHI. Hold violators accountable through civil and criminal penalties. Strike a balance when public responsibility requires disclosure of some forms of data--for example, to protect public health.
Set boundaries on the of health records.
use and disclosure
for all people who participate in or are associated with the provision of healthcare to ensure that they honor patients' rights to privacy of their PHI.
Establish appropriate safeguards
With HIPAA we now have new terms and abbreviations to learn!!
Protected Health Information (PHI) or Protected Medical Information (PMI)
Privacy Officer (PO)
Each facility will have an employee who is responsible for implementing and enforcing this law
This includes any health plan, healthcare provider, agency that processes claims, and any company that subcontracts with them are covered by this law.
Covered Entity (CE)
And more new terms and abbreviations to learn!!
Release/Disclosure, Accounting of Disclosure (AOD) , Directory
These are terms used in describing the release of PHI to other CEs for TPO, treatment. payment, or health care operations.
Release
What are terms used in describing the release of PHI to other CEs for TPO, . or ?
Release, treatment payment, or health care operations.
The patient has the right to have an AODs for his PHI or PMI.
Accounting of Disclosure (AOD)
The patient has the right to have an AODs for his PHI or PMI. True or False
True
Accounting of Disclosure (AOD)
The patient has the right to have an AODs for his PHI or PMI.
This is CE's census or list of patients used by volunteers and operators to direct visitors.
Directory
patients more control over their health information.
Give
What do we do on the use and disclosure 透露;公開 of health records?
Set boundaries
What for all people who participate in or are associated with the provision of healthcare to ensure that they honor patients' rights to privacy of their PHI?
Establish appropriate safeguards 建立适当的保障措施
? violators accountable through civil and criminal penalties.
Hold
? when public responsibility requires disclosure of some forms of data--for example, to protect public health.
Strike a balance
PHI
Protected Health Information
PMI
Protected Medical Information
What are the Seven Patient Rights Regarding Privacy of PHI (Protected Health Information)
1. Receive notice, 2. Know that an agency will use its PHI, 3. Consent to and control the use and disclosure of their PHI. 4. Access their protected health information (PHI), 5. Request amendment 6. Receive accountings of disclosures 7. File privacy complaints to agency officer
Individuals have the right to: of an agency's privacy practices.
Receive notice
What patient Rights regarding privacy of PHI ONLY for treatment, payment, operations (TPO), certain other permitted uses and uses as required by law?
Know that an agency will use its PHI
What protected health information (PHI), except for psychotherapy notes (they might be charged for copies)
Access their
? or addendum 增补版 [əˋdɛndəm] 補篇;附錄 to their PHI (not always
Request amendment
HIPAA Restricts Sharing PHI What cannot be released to individuals or companies interested in marketing ventures, without the patient's written permission?
Personal information
HIPAA Restricts Sharing PHI-Names of patients on antihypertensive drugs
cannot be released to a company marketing nutritional products to lower blood pressure.
What cannot be provided to infant formula companies?
Who has Access to PHI? The 'Need-to-Know' Principle
What cannot be used to raise money for a hospital building campaign.
Who has Access to PHI? The 'Need-to-Know' Principle
PHI should be shared with as a needed to ensure patient care and then only to the extent demanded by the individual's role.
PHI
the nursing assistant 'needs to know' only the facts concerning the patient's current admission is example of ?
-identify the patient/client by initials only -use other demographic data only to the extent necessary to identify the patient and his/her needs to the instructor. -protect the computer screen, PDA, clip board, or notes from other individuals who don't have a 'need to know' -protect your printer output from others who don't have a 'need to know' -protect your flash drive/CD-ROM/PDA from loss consider using Webspace to save your documents
For example, the nursing assistant 'needs to know' only concerning the patient's current admission.
PHI, student , photoduplicate
As a student, you will discuss ? only as it applies to your education or your patient's care.
Legal consequences, Professional consequences, Academic consequences
Protecting your patient's PHI When preparing care plans or other course required documents take extra care to:
Civil or criminal penalties 民事或刑事处罚 Fines plus imprisonment 罚款及监禁
Protecting your patient's ? In the what role you are NOT to do what or fax patient documents
Disciplinary action by the TDH Respiratory Board
DO NOT
Reprimands 谴责 Loss of points toward grade or failure of course Dismissal from this Program
Potential Consequences of HIPAA Violations
Sharing this information with the other parents is a violation of the HIPAA statute--ensuring the child's/family's right to privacy and confidentiality.
Legal consequences
The other parents did not 'need to know' this information. Really, nobody has the 'need to know
Professional consequences
to look into the day care's first aid policies and help them develop policies that observe universal precautions in the care of all children and staff. This should be done even if you didn't know that one of the children were HIV positive
Academic consequences
Report it to your instructor or preceptor.
Johnny, an active 4 year old, has an asthma attack while at his daycare. As the student caring for him in the ER, you know that he is HIV positive. Your daughter attends the same daycare. You alert some of the other moms at that center. What's wrong with this scenario?
Remind her of HIPAA and tell her that you shouldn't discuss this type of information.
Who in this setting has a 'need to know' the HIV status of this child?
Reasonable; report it to the head nurse or the floor/agency privacy officer.
A good action on your part as a therapist (or student) would be
After obtaining sufficient info to know that it is Dr. Han, you can share the requested information
While working a 3-11 shift as a student in the city/county health clinic, you see some patient data in the trash can. What should you do?
Refer the request to your instructor or preceptor.
You work on the neuro unit at the public hospital. You were able to convince your best friend to move to Austin and work with you. In the cafeteria, she begins telling you about this handsome guy that was just admitted to her unit after a bad car wreck. She continues to tell you some of the gory details including 'driving while intoxicated' (DWI). What should you do?
True
While assisting Mrs. Johnson with her I.S., she tells you that she would like remove her name from the patient data that the volunteers have at the reception desk. Is this a reasonable request? What would you do with this request?
False
Consulting Physician Calls You are the student caring for Mr. Sanchez. His physician has called in several consultants to assist with his care. One of the physicians, Dr Han, a neurologist, calls to get some information about Mr. Sanchez. Can you release information to her?
False
Patient's Spouse Wants to Read the Chart Your patient, Ms Johnson, has confided in you that she and her husband have been having marital problems. One day while she is at x-ray, her husband asks to see the chart. You think that she might not want him to see it, but you're not exactly sure how to handle the situation. What would you as the student do?
True
Patients have a right to see their chart?
False
Patients can ask that parts of their health record be amended?
True
All PHI is in the patient's chart?
True
I can talk with my instructor about my patient's medical history?
An understanding of legal and ethical codes is essential to practice safely and to protect the rights of patients and co-workers.
As a student questions or concerns about HIPAA policies or infractions should be directed to your instructor or preceptor.
We work in situations that give us the privilege (permission to do what is usually not permitted in other circumstances) to a patient's body and emotions.
Personal digital assistants (PDAs), clipboards, flash drives and CD-ROMs used for storing PMI, care plans, process recordings, or patient assessments forms must be protected as we protect the patient's chart?
Laws define the boundaries of that privilege and make clear the healthcare worker's rights and responsibilities
Complying with HIPAA guidelines is an important part of a healthcare provider's role. As a student, failure to comply can result in academic, professional, civil, or criminal consequences.
are different from laws, and are important because not all situations are covered by a law, and there may not be one right action.
Medical and Legal Aspects
ethical principles (rules of right and wrong from a moral view)
Medical and Legal Aspects Ethical codes (actions and beliefs approved of by a particular group of people)
Accountability
In these situations, what are applied, very often by a committee formed to consider ethical problems.
Professional accountability
What are rules of conduct that are established by our government.
Discrimination 辨別, Race, Religion, Sex
What is determined by each state's board, usually involving completion of an approved educational program?
age
What is taking responsibility for one's action's?
Disability
What is your responsibility to meet the health care needs of the patient in a safe and caring way.
Physical impairment 障碍 Mental impairment People with human immunodeficiency (HIV) Recovering alcohol and drug addictions
What is making a decision or treating a person based on a class or group to which he or she belongs, such as what?
When a person enters the health care system to visit a doctor, clinic, hospital, or emergency room or to receive some healthcare, a record is begun that documents the person's health status or problem and the care given.
The law has been amended to include the protection for people with disabilities, as well as discrimination based on what?
legal document, confidential
What has been broadly interpreted to include: Physical impairment Mental impairment People with human immunodeficiency (HIV) Recovering alcohol and drug addictions
NOT THE PATIENT
Disability as been broadly interpreted to include:
A consent
Legal documents:
releases
That record is a and is to be kept .
Consents
The chart is the property of the hospital or agency or physician—
A Release
What is permission given by the patient or his or her legal representative.
Advance directives
Consents, or , are legal documents that record the patient's permission to perform a treatment or surgery, or to give information to insurance companies or other health care providers.
Durable Medical Power of Attorney
What must be freely signed without threat or pressure, and must be witnessed by another adult.
Orders are written by a doctor when the patient has indicated a desire to be allowed to die if she stops breathing or her heart stops.
What is a legal form used to excuse one party from liability 傾向, 責任(responsibility).
patient advocate
What sometimes called a "living will', is a consent that has been constructed before the need for it arises. It spells out the wishes of the patient regarding surgery or diagnostic and therapeutic treatment.
Negligence 疏忽
What is a document that gives legal power to the health care proxy 代理, who is is a person chosen by the patient to follow the patient's advance directives.
Malpractice
Do Not Resuscitate (DNR):(使)復活 [rɪˋsʌsə͵tet]
1. Maintain composure 2. Document fully: 3. Establish rapport: 4. Communicate effectively
There are a number of civil laws that need to be known, You need to know not only the laws in regard to your own practice but also how to act as a , one who speaks for and protects the rights of the patient.
Maintain composure
What is simply defined as failing to do something a reasonably prudent 審慎的(sensible and careful) person would do, or doing something reasonably prudent person would NOT do.
Document fully
What is negligence by a professional person. The person does not act according to professional standards of care as a reasonable prudent processional would.
Establish rapport
Guidelines to Reduce Legal Risk
Communicate effectively
Learn skills thoroughly Know the laws Follow institution's policies Improve your weak areas of performance Attend continuing education programs Keep records Familiarize yourself with your environment and equipment
IDENTIFICATION OF DISSATISFIED PATIENTS 鉴定不满意病患者
There is a saying- "If you didn't chart it, it didn't get done"
Legal responsibilities, ethics, patient's rights, and advance directives all help determine the type of care provided by health care workers.
Develop rapport and treat each patient with respect. Identify yourself, smile, and listen.
By following certain standards at all times, you can protect yourself, your employer, and the patient.
Allow the patient to express themselves without making them feel incompetent
1. Perform only those procedures for which you have been trained and are legally permitted to do.
POTENTIAL LAWSUITS MAY BE AVOIDED BY EARLY
2. Use approved, correct methods while performing any procedure.
Professional Standards
4. Identify the patient and obtain the patient's consent before performing any procedure. 5. Observe all safety precautions.
Think
dress, language, manners, and actions.
Treat
meeting legal responsibilities, ethics, and patient's rights.
Accept
all times.
If any error occurs or you make a mistake
respective occupations.
Behave professionally in
Abuse
Professional standards of care help provide guidelines for
Physical abuse, Verbal abuse, Psychological abuse, Sexual abuse, Domestic abuse, Child abuse, Elder abuse
Every health care worker should follow these standard at
Verbal abuse
All health care workers should know and follow the state laws that regulate their
Physical abuse
includes any care that results in physical harm, pain or mental anguish.
Psychological abuse
Examples of Abuse
Sexual abuse
Speaking harshly, swearing or shouting, using inappropriate words to describe a person's race or nationality, and or writing threats or abusive statements.
Domestic abuse
Hitting, forcing people against their will, restraining movement, depriving people of food or water or simply not providing care
-Unexplained bruises, fractures, burns, or injuries -Sign of neglect such as poor hygiene -Irrational fears or change of personality -Aggressive or withdrawn behavior -Patient statements that indicate abuse or neglect
Threatening harm, denying rights, belittling, 小看的,輕視的 intimidation, ridiculing the person, threatening to reveal information about the person
Law
Any unwanted sexual touching or act, using sexual gestures, suggesting sexual behavior
any signs or symptoms of abuse to their immediate supervisor or to the individual in the health care facility responsible for reporting to the proper authorities.
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