1. HIPAA Overview and Infection
Control
Summer Orientation 2012
University of Miami
School of Nursing and Health Studies
Gloria Trujillo, RN, MSN
2. What is HIPAA?
Health Insurance Portability and Accountability Act
Established in 1996 by the Department of Health and
Human Services
Assure that individual’s health information is
properly protected
Protects people seeking care and healing
3. What is HIPAA?
The right to confidentiality
Privacy and confidentiality are basic rights in our
society
As health care providers and nursing students,
safeguarding those rights are our ethical and legal
obligation
Personal records and information will be protected
and kept confidential
4. Individually Identifiable Health Information
Health Information, including demographics-Name,
Date of birth, address, phone number, social security
number
Relates to an individuals physical or mental health or
the provision of or payment for health
care/insurance plans
Diagnosis, medical history, results (ex. HIV status)
diagnostic tests, etc.
5. Why was HIPAA created?
Before HIPAA, there really wasn’t much standardization among
health care providers regarding identification.
This created a lot of problems, headaches and extra work
The HIPAA regulations require health care providers who are
covered by the act to develop policies and procedures to
safeguard the privacy of individual health information. Agencies
and individuals that have to comply with HIPAA regulations are
termed a “covered entity.” A covered entity is a health plan, a
health care provider, or a health care clearinghouse that
transmits health information in electronic form to submit claims
to Medicare, Medicaid, private insurers and/or third-party
insurance for services.
6. HIPAA Violations
Unauthorized release of information or photographs
in medical records may make the person who
discloses the information civilly liable for invasion of
privacy, defamation or slander.
Written authorization by the patient to release
information is needed to allow such disclosures.
HIPAA violations can exceed fines of $250,000 and
possible jail time for severe violations.
7. HIPAA Violations
It is extremely important that students do not give
out unauthorized information, regardless of the
urgency of the person making the request.
8. Examples of HIPAA Violations
Talking about a patient in an elevator
Gift shops
Cafeterias
Restaurants
With your family members/friends
Leaving the computer open
posting pictures/updates on patient’s through social
networking sites, such as facebook, twitter, MySpace
YOU NEED TO BE AWARE OF YOUR
SURROUNDINGS!!!
9. How does HIPAA affect nursing students?
You will be in close, personal contact of patient’s,
families and medical records
You may be asked to answer phone calls
You will be discussing your patients with your
clinical group, as well as your clinical instructors
HOW DO WE KEEP PRIVACY AND
CONFIDENTIALITY WITH OUR PATIENTS?
11. Ways to provide privacy and confidentiality
Take all reasonable steps to make sure that
individuals without the ‘need to know’ do not
overhear conversations
DO NOT conduct discussion about patient’s in
elevators, cafeteria’s, gift shop, parking lots, at home
with family and friends, and/or any nursing students
not pertaining to your clinical group.
Do not let others see your computer screen while you
are working. Be sure to log out when done with any
computer file.
12. Ways to provide privacy and confidentiality
• 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 floppy/zip/CD-ROM/PDA from loss
13. Ways to provide privacy and confidentiality
In the student role you are not to make copies or fax patient
documents in the process of working with your patient
DO NOT put notes with patient’s medical
information in the trash or paper recycle cans.
Get to know where to discard paper with patient
information-ex. Shredder
When discussing patient information with clinical
instructor/group, do it in a closed, private area…ex.
Classroom
14. In addition to federal laws, failure to comply with
HIPAA also violates
Nursing’s Code of Ethics
Florida Board of Nurse Examiners Standards of
Practice
University of Miami’s School of Nursing and Health
Studies academic policies
15. Consequences of violating HIPAA in the clinical
setting
Legal consequences
Civil or criminal penalties
Fines plus imprisonment
Professional consequences
Disciplinary action by the Board of Nursing
Academic consequences
Reprimands
Loss of points toward grade or failure of course
Dismissal from School of Nursing (refer to University
of Miami School of Nursing and Health Studies
handbook)
16. ANY QUESTIONS?
Good Luck and Welcome to the University of Miami
School of NURSING AND HEALTH STUDIES
17. References
Centers for Disease Control and Prevention. (2008, April). Infection Control
Practices. Retrieved from Centers for Disease Control and Prevention
Website:http://www.cdc.gov/ncidod/dhqp/worker. html.
Marquis, B. L. & Huston, C. J. (2009) Leadership Roles and Management
Functions in Nursing (6th ed). Philadelphia: Lippincott.
United States Department of Health and Human Services. (2005, May). Summary
of the HIPAA privacy rule and compliance assistance. Retrieved from
The United States Department of Health and Human Services. Website:
http://www.hhs.gov/ocr/privacy.com