What Legal Agency Is Responsible For Enforcing Hipaa
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HIPAA
-Goal: improve portability and continuity of health insurance -Originated as plan to reduce health care administrative costs
confidentiality
under HIPAA, healthcare providers ensure that patient _______ is always maintained
PHI
Refers to any patient information in any form that is created or received by a covered entity, relates to a patient's health condition in the past, present, or future, and identifies the patient.
office of civil rights
government agency that accepts and investigates complaints related to the Privacy Rule, it enforces civil violations of HIPAA privacy standards,
department of justice
Government agency that investigates the most serious violations of the Privacy Rule, prosecutes criminal violations
Title I
this part of HIPAA gave certain people the ability to enroll in new healthcare plans of different types.
State laws
These types of law regulatesmany types of health insurance
ERISA
Employer offered health plans are regulated by this Act of 1974
COBRA
this act of 1985 allows employees who are leaving a job to elect to continue their previous employer's health coverage for a limited time.
Portability
Being able to transfer group health insurance form one job to another
Title II
The rules in this part of HIPAA cover administrative, financial, and case management policies and procedures. It contains strict requirements for the uniform transfer rules of patient confidentiality.
electronic data interchange
The electronic exchange of information between computers, especially the exchange of health information among physicians and insurance companies.
title II provisions
-Electronic health information transaction standards -Penalties -Privacy -Provider and health plan mandate and timetable (2 years to start) -State law preemption
State law preemption
allowed HIPAA to supersede state laws unless HHS decided otherwise; however, when state law is stronger, it must be followed.
3
HIPAA governs how many types of covered entitities.
Covered entity
Any health care provider, health insurance plans, or clearinghouse to which the Privacy Rule applies (those who must comply with HIPAA)
Health insurance plan
these plans include group health plans, HMOs, Medicare, Medicaid, supplemental Medicare policies, long-term policies, employee benefit plans, TRICARE, CHAMPVA, Indian Health Service, Federal Employees Health Benefits Program, approved childe health plans, high-risk plans, etc.
Healthcare provider
this includes hospitals, nursing, facilities, rehabilitation facilities, hospices, home health care, pharmacies, private practices, dental practices, labs, chiropractors, osteopaths, podiatrists, and therapists.
Direct providers
providers that provide direct treatment to patients
Indirect providers
providers that include labs that handle patient test results
manage, store
as a result of the privacy rule of 2003, pharmacies have direct control over the way they ______ and ______ patients information.
privacy rule
under this rule, information belongs to the patients, and they have the right to control who is able to view it. it applies to healthcare providers, health insurance plans, and clearing houses.
licensed, bonded company
Discarded patient information must be handled with care. When patient records are to be discarded, they should be destroyed by a ________. it should never be thrown into the trash.
computer storage media
_______ containing patient records should be completely wiped.
chronological
medical record documents of the medical history of a patient are in ______ order
False
True/False. medical records cannot be considered legal documents so accuracy is not very vital when documenting that appropriate medical care has been given to each patient.
Encounter
form of documentation that is undertaken for every visit is also known as an ______, visits to healthcare providers are documented thoroughly.
electronic medical records
these records are preferred over paper records because they can be accessed more quickly, and take less room to store
electronic health records
these records are owned by the patient or person who has a stake in the outcome, provides an interactive patient access.
2003
HIPAA privacy standards were established in _____ to protect personal health information.
Privacy Standards
These standards require that privacy policies be appropriate to the services provided, and a specific person within the organization oversees them. Pharmacy techs and Pharmacists are responsible for maintaining them in order to protect PHI of patients.
trained employees
who may protect patients records and must also understand the legal regulations about who may have access to them?
True
True/False. PHI may be transmitted electronically, via the internet and other methods. It includes all of a patients basic information as well as that of relatives, employers, and health insurance providers.
privacy and security officer
a pharmacy often has a ___________ who handles disclosure of PHI. this officer usually receives referred requests from patients to access or amend their records, and strives to handle them in a timely manner.
Minimum necessary standard
this protects against too much information being given to any specific person or entity
Designated record set
a group of medical records that includes a provider's medical and billing records
Notice of Privacy Practices
using this notice, providers explain to patients how their PHI may be used and disclose, their access to his or her own information, patients full rights, and how to register complaints.
Disclosure
information must only be provided to the patient or person authorized by him or her; pharmacy personnel must understand how to properly interact with all family members, friends, and caretakers of the patient.
HIPAA training
this training is required of pharmacy techs and pharmacists to be acquainted with all policies and procedures designed to protect PHI
prescriber, pharmacist
pharmacy techs are not authorized to make medication decisions for patients-- they must follow the exact instructions of the _____ and the ________.
TPHCO
this concerns PHI that may be shared in order to provide treatment, process payment, and operate medical business: treatment mostly concerns discussions with other healthcare providers, payment refers mostly to health insurance, and healthcare operation includes training and accreditation. .
written authorization
______ must be obtained before information can be shared with anyone if the use of patient information does not fall under TPHCO
children
_______'s access to their own records is governed by state law
pharmacist, privacy officer
pharmacy techs should refer issues related to the disclosure of a child's PHI to the _______ or the _______.
judicial
_____ orders can override a patients preferences regarding the release of PHI.
Subpoenas
_____ for court appearances and testimony can authorize disclosure of PHI.
State and Federal Prisoners
This group of people has less protection concerning the disclosure or their PHI, though state statutes may overrule HIPAA in certain circumstances
National security
Entities that may have access to PHI generally any time they request it.
30
Patients have a right to view and copy their PHI withing __ days of requesting it, either free or for a reasonable fee as per HIPAA regulations.
Office for civil rights
The division of Health and Human Services responsible for enforcing the HIPAA privacy rules. Privacy is considered a civil right.
Electronic
HIPAA security standards focus on what kinds of PHI.
ePHI
records that may be stored in computers and related peripheral devices, and transmitted over computer networks, over the internet, and on removable media that interfaces with computers
security rule
specifies how patient information is protected on computer networks, the internet, extranet, and disks and other storage media.
confidentiality notices
HIPAA recommends this notice be included instructing anyone who receives the communication in error should immediately contact the sender and destroy the information received.
Electronic Health Care Transactions and Code Sets
set of standards that says all providers are required by HIPAA to use the same code sets, identifiers, and transaction when healthcare information is being transmitted.
National Council for Prescription Drug Programs
Programs that create and promote data transfer standards relating to the practice of pharmacy. Members of this program must receive education tailored to their pharmacy practice, and also receive database services.
Medical Code Sets
These are used to encode data elements concerning specific diagnoses and clinical procedures. There are six code sets used for clinical information.
ICD-9-CM
code set used for identifying disease and conditions
HCPCS
code set used for items, supplies, and non-physician services
CPT-4
code set used for medical procedures and services
ICD volume 3
code set used for inpatient hospital services
NDC
code set used for drug products
CDT-4
code set used for dental services
Administrative code sets
these are non-medical code sets. used for administrative information and include simple and complex codes
department of health and human services
who enforces HIPAA standards and regulations, which also enforces situations of related abuse and fraud.
final enforcement rule
HIPAA rule of 2006 that clarified that both acts and omissions may constitute violations
HIPAA Enforcement Agencies
-Dept. of Justice -Centers for Medicare and Medicaid services -Electronic Healthcare Transaction and Code set Rule -National Employer Identifier Number Rule -Office for Civil Rights -Office of Inspector General
Centers for Medicare and Medicaid Services
agency that enforces non-privacy standards
Office of Inspector General
agency that prosecutes fraud and abuse in the healthcare industry while overseeing Medicare and Medicaid
Healthcare Fraud and Abuse Control Program
Program that enforces HIPAA regulations and government standards, and is conducted by the OIG and DOJ.
False Claims Act
Act that prohibits false claims and misrepresentations, and rewards "whistle-blowers" who alert the government to cases of fraud.
kickbacks
incentive given to those who defraud others
self referrals
referring patients to an entity in which the referrer receives some monetary compensation
compliance plans
plans that are designed to prevent illegal practices. they may serve as legal defense in the case of prosecution for fraud.
compliance guidelines
HIPAA- related privacy, training, and security regulations designed to focus on, correct, and maintain good healthcare practices
Criminal Penalties
penalties assessed for intentional misuse of PHI, can be as high as $250,000 and up to 10 years in prison.
Civil Penalties
penalties usually given for violating privacy on an unintentional basis. can be as high as $25,000 in fines per year
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