Hipaa, Health Insurance And Portability Act Of 1996

Privacy and confidentiality are huge concepts to keep in mind in any medical field, and most for the time, “HIPAA” comes to mind when health information privacy is being discussed (Span 1). A piece made it clear, “Confidentiality in health care refers to the obligation of professionals who have access to patient records or communication to hold that information in confidence… confidentiality is recognized by law as

List relevant regulations for information security in an industry segment of your choice. Some of the industry segments include healthcare, finance, energy, government, or education.

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a brilliant set of laws put into place to protect patients’ privacy rights. These laws are extremely tedious, covering every single aspect of privacy rights, what is considered a breach of privacy, and what happens to the individual who commits this breach. When looking at the legal consequences given to those who break HIPAA laws, they are no slap on the wrists. HIPAA violations can lead to fines in the millions and even jail time for so much as a peak at a patient’s private documents. Talk about cruel and unusual punishment.

Attempts to stop fraud were enhanced under Public Law 104-191, the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The purpose was to improve the Medicare program under title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, and the efficiency and effectiveness of the health care system. This public law encouraged the development of a health information system through standards and requirements for the electronic transmission of certain health information (aspe.hhs.go). The Act established a program to take action against fraud committed against public and private health plans. The legislation required the establishment of a national Health Care Fraud and Abuse Control Program (HCFAC), under the joint direction of the Attorney General and the Secretary of the Department of Health and Human Services (HHS) acting through the Department 's Inspector General (HHS.gov). The HCFAC program is designed to coordinate Federal, State and local law enforcement activities with respect to health care fraud and abuse. The Act requires HHS and Department of Justice (DOJ) detail in an Annual Report the amounts deposited and appropriated to the Medicare Trust Fund, and the source of such deposits. (HHS.gov) I will summarize the impact of these laws as it pertains to how they are impacting the healthcare delivery system. (HHS.gov)

The Department of Health and Human Services (DHHS) is the United States government’s principal agency for protecting the health of all Americans and for providing essential human services, especially to those who are unable to help themselves. The Health Insurance Portability and Accountability Act (HIPPA) was developed in nineteen ninety-six and became part of the Social Security Act (Bowers,2001). The focus of HIPPA is to protect health care coverage for individuals who lose or change their jobs. Secondly it was designed to ensure security and confidentiality of patient information. HIPPA regulations mandate uniform standard for electronic data transmission of administrative and financial

Ten years ago after much challenges and questionable skepticism, the HIPAA policy became effective and has been shaping healthcare one regulatory policy at a time. The evolution of the HIPAA privacy act helped establish the HIPAA Security Rule which was published in 2003 and became effective in 2005, and then eventually led to the HIPAA Enforcement Rules and the Breach Notification Rule. With it joint fortification of the 2009 HITECH Act and HIPAA’s modifications to regulations, it was released in January 2013 to the industry (American Health Information Management Association, 2013).

Health Insurance Portability and Accountability Act of 1996 (HIPAA) – Regulations protecting the privacy and security of certain health information

Health Insurance Portability and Accountability Act (HIPAA) is a national rules and regulations enacted mandated by the Department of Health and Human Services (DHHS) to regulate the privacy and security of medical information. The intent of the law is to increase effective management of health insurance coverage, reduce healthcare scheme and abuse and to protect privacy of personal health records. The rules and regulatory measures first came into effect in 1996, since then it has gone through improvements and changes.

This journal entry is a reflection of research on the Health Insurance Portability and Accountability Act (HIPPA). Enacted by Congress in 1996, HIPPA was created to “modernize health information exchange” (Solove, 2013). For the consumer, HIPPA sets rules which protect the privacy of health information, to be followed by health care providers and insurance companies. It also gives consumers rights over their health information, such as obtaining a copy, making sure it is accurate, and to know who is or has seen their health information (Office for Civil Rights, n.d.). The modernization of health information exchange, came out of a concern as technology advanced, and computer data bases were now collecting personal health information.

HIPAA does affect a patient 's right to access his or her medical records, as well as determine who can see their information. According to HHS.gov, “Only you or your personal representative has the right to access your records.” This corresponds very well with the Privacy Rule established in 1974, which was designed to forbid any health information to be used for any other reason than the initial one. However, HIPAA does not allow a

The Health Insurance Portability and Accountability Act, otherwise known as HIPAA, was endorsed by the U.S. Congress in 1996. The HIPAA Privacy Rule, also called the Standards for Privacy of Individually Identifiable Health Information, provided the first nationally recognizable regulations for the use or disclosure of an individual's health information. The HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouse, and those health care providers that conduct certain health care transactions electronically. (OCR 2003)

The Health Insurance Portability and Accountability Act, most commonly known as HIPAA, was passed by Congress and signed by President Bill Clinton on August 21, 1996. The purpose of this act was to regulate the privacy of patient health information, lower the cost of health care, as well as to help fix the many pieces of our complicated healthcare system. When switching employers or possibly losing employment, HIPAA secures individuals their health insurance. HIPAA nearly affects all individuals within the healthcare field including but not limited to patients, providers, insurance companies and third parties. There are many parts to the HIPAA act to explain, however for the purposes of this paper, the primary focus will be on the main purpose of HIPAA. HIPAAS’s two most important titles, a brief summary of the remaining three titles, along with an overview of how HIPAA works with today’s newer technology in the medical field.

Once HIPAA had been signed into law, the US Department of Health and Human Services set about creating the first HIPAA Privacy and Security Rules. The Privacy Rule had an effective compliance date of April 14, 2003, and it defined Protected Health Information (PHI) as “any information held by a covered entity which concerns health status, the provision of healthcare, or payment for healthcare that can be linked to an individual”. Instructions were issued on how PHI should be disclosed and that permission should be sought from patients before using their personal information for marketing, fundraising or research. It also gave patients the right to withhold information about their healthcare from health insurance providers when their treatment is privately funded.

The purpose or rationale of HIPAA law is to improve the efficiency and effectiveness of the health insurance system and to protect privacy of the patients. Continuity of healthcare coverage is ensured by this law, which allows individuals to qualify immediately for comparable health insurance coverage at the time of changing the employment relationships. By replacing several non-standard formats that are currently used in the country (U.S) by means of a single set of electronic standards (used throughout the healthcare industry), HIPAA reduces the cost and administrative burdens of health care. The law improves the profitability and continuity of health insurance coverage. HIPAA prohibits discrimination against employees on the basis of their health status (What is HIPAA? 2008). Key privacy provisions establish that patients must be able to access their records and correct errors, in addition to being informed of how their personal information will be used. Patient information can only be shared to treat the patient and cannot be used for marketing purposes without their explicit consent. Patients can ask their health insurers and providers to take reasonable steps to ensure that their communications with the patient are confidential, and file formal privacy-related complaints to the Department of Health and Human Services (HHS) Office for Civil

HIPAA serves to protect client’s right by setting a standard of practice for ensuring the privacy of client’s information. A client may select whom he wishes to have access to his personal information by signing a waiver of consent. HIPAA would also conduct an investigation of any claims of violation and “holds violators accountable” (HHS.Gov, 2008). HIPAA compliance impacts all departments that have interaction with a client’s personal information like medical staff, medical records, billing, etc. Health Insurance Portability and Accountability law is inconvenient at times, but it is also necessary to protect our information from being used in a way that we do not wish.