1. List when PHI can and cannot be disclosed:
The HIPAA Security and Privacy Rules mandate that healthcare providers and organizations and their respective business associates abide by HIPAA rules when they create and follow procedures that must be transmitted, obtained, handled, or shared. In addition, during these processes, the confidentiality and security of all protected health information (PHI) must be achieved and maintained (Hernandez, 2015). Moreover, there are instances when PHI can and cannot be disclosed. Stanford (n.d) differentiates between information that is “shared” and “disclosed.” Shared applies to PHI utilized within the covered entity; whereas, “disclosed” pertains to PHI shared outside of the covered entity (Stanford, n.d). Furthermore, Stanford (n.d.) states that according to the Privacy Rule, it consents employing or disclosing PHI for the following purposes:
• For treatment (including treatment in the course of research);
• For payment;
• For health care operations (including education programs);
• With authorization by the individual;
• When compelled by law
Moreover, Hernandez (2015) provided additional situations when PHI can be disclosed. These are:
• To perform work defined in the contract between a covered entity and its business associate.
• To the individual that the information is about (once the verification process has been achieved).
• With a third person with the individual’s permission.
Upon further investigation, there are
. HIPAA privacy rules are complicated and extensive, and set forth guidelines to be followed by health care providers and other covered entities such as insurance carriers and by consumers. HIPAA is very specific in its requirements regarding the release of information, but is not as specific when it comes to the manner in which training and policies are developed and delivered within the health care industry. This paper will discuss how HIPAA affects a patient's access to their medical records, how and under what circumstances personal health information can be released to other entities for purposes
The main goal of HIPAA is to protect unauthorized access and misuse of confidential health information. It allows for the safe storage of any health facts used, collected, transmitted or maintained by any health organization. It states that all health information about a particular client is completely confidential, regardless of what the format is and whether it is transmitted, maintained or collected. Protected information is that health information that already identifies the patient or could be used in order to identify the patient; it also relates to any of the patient’s past, present or future health conditions, any treatment the patient receives and any payment the patient makes toward their care.
The Health Insurance Portability and Accountability Act (HIPAA) is a set of national standards created for the protection of health information; it is also known as a “Privacy Rule”. This rule was employed in 1996 by the US Department of Health and Human Services (DHHS) to address the use and disclosure of an individual’s health information as well as the standards for the individual’s privacy rights to understand and control the manner in which their information is used.
Specific Purpose: I want to inform my audience about HIPAA “Health Insurance Portability and Accountability Act”.
The privacy rule applies to personal health information in any form, electronic or paper, which includes the entire medical record. Individuals have full access to their information, can limit who can gain access to his or her records, can request changes to their medical record if there’s any reason they suspect that the information isn't accurate. In addition, the private information shared is kept to the minimal amount needed. Also, the patients have the privilege to decide whether or not to release their protected health information or PHI for purposes unrelated to any treatments or payment issues, such as research project. (Krager & Krager, 2008) HIPAA implemented specific code sets for diagnosis and procedures to be used in all transactions. Covered entities must adhere to the content and format requirements of each standard. (Center for Medicare and Medicaid Services, n.d)The security rule supplements the privacy rule; it deals specifically with electronic PHI or ePHI. It applies to covered entities that transmit health information in electronically. The Security Rule requires covered entities to keep appropriate
“The Health Insurance Portability and Accountability Act (HIPAA) of 1996 made it illegal to gain access to personal medical information for any reasons other than health care delivery, operations, and reimbursements” (Shi &ump; Singh, 2008, p. 166). “HIPAA legislation mandated strict controls on the transfer of personally identifiable health data between two entities, provisions for disclosure of protected information, and criminal penalties for violation” (Clayton 2001). “HIPAA also has privacy requirements that govern disclosure of patient protected health information (PHI) placed in the medical record by physicians, nurses, and other health care providers” (Buck, 2011). Always remember conversations about a patient’s health care or
According to Michael Moore,” health care should be between the doctor and the patient. If the doctor says something needs to be done, the government should guarantee it gets paid for.” I strongly agree with Michael Moore’s statement about how health care needs to be confidential. If anything should be done, then the federal government are the ones to offer it. Health information is to help doctors understand their patient’s medical issues, but there are some cases where patient’s medical records are shared with unknown people. Can medical facilities trust their employees with the health information of a patient?
Even though hipaa violations are an important standard in preventing many individuals from causing several breaches of information from getting out, it is important to work on a strategies within several health care organizations that will work with the privacy rules regarding violation laws. “Jill Granger & Laura Cataldo (2013) reports When working in the healthcare setting, it is important to consult with the guidelines established by one's institution and to participate in any training programs to insure that the appropriate steps are being taken to maintain privacy. There are also a variety of additional resources available from the federal government and professional organizations to assist in the training process that may be especially
While I understand the need for both, I think that Congress should make HIPAA the law of the land with regards to medical privacy. Every individual’s rights and information should have the same level of protection no matter where in the United States they are located. Not only would a universal law help to eliminate the confusion between states, it would also remove a few of the barriers associated with universal healthcare. With better communication across state lines, patients will be able to send and receive information in a timely manner improving patient outcomes and quality.
The right to receive a notice of privacy practices - Patients have the right to receive a notice explaining how a provider or health plan uses and discloses their health information.
Any patient that is seen by a physician within the United States is to be protected by the “Health Insurance Portability and Accountability Act” or HIPAA, which was passed into law in 1996 (Jani, 2009). All health care facilities dealing with any protected health information (PHI) are to ensure that all physical/electronic processes are safeguarded from any third party entity or unauthorized personnel according to HIPAA. All health care data to include any medical insurance
HIPAA (Health Insurance Portability and Accountability Act) has many key components in the operations of daily clinical and administrative services. In a physician's practice they must maintain physical security of all health care information. For example, patient files are no longer able to be sitting out unless they are in a closed and locked area and sign in sheets should only ask for minimal information. Accessibility to individual identifiable health information is restricted and should be used on a "need to know basis". Billing employees should not have access to the clinical notes and they do not need to know a patient's financial information. An employee may disclose only the "minimum information necessary". These regulations require
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).
3.) Under HIPAA, covered entities (healthcare providers, health plans and healthcare clearinghouse) must comply with the privacy rules. A covered entity may develop its own privacy rules that would accommodate its own needs of protected health information (PHI) management but it most comply with the HIPAA guidelines. It is the responsibility of the entity to put in place a privacy official to oversee the policies, procedures and be on hand and available to be contacted in reference to the privacy rule. A patient should be given a privacy notice act at his/her health facility stating how their (PHI) is being used and to whom it will be shared. The covered entity should include in the notice their duty to assure the patients privacy as well as how and whom to contact if there is a complaint or they feel that their rights have been violated. As of 2009 the Office of Civil Rights (OCR) handles complaints that are made on privacy policies, procedure and practices of HIPAA covered entities.
The principles that allow covered entities such as government agencies to release protected health information only with the patient’s consent is that PHI will be released in compliance with the regulations governing reporting requirements. There are times where the government can release protected health information, the HIPAA Privacy Rule provides that protected