hipaa presentation

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Renee Bell

HIPAA

Technologie

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Chapter 5 HIPAA and HITECH Learning Objectives Understand HIPAA Privacy and Security Rules “Covered entity” and “business associate” Permitted and prohibited disclosure of PHI Individuals’ rights to own PHI Application of Breach Notification Rule Safeguards, standards, and specifications of the Security Rule Civil and criminal penalties under HIPAA Introduction HIPAA protects against threats to security and privacy of personal health information (PHI) HIPAA expanded by HITECH Act Under HIPAA authority, DHHS issued the Privacy and Security Rules Who Is Covered By HIPAA “Covered entities’ and “business associates” Covered entities – health care providers, health plans, and health care clearinghouses. Business associate – persons or organizations doing work for covered entities involving use of individually identifiable health information (e.g., claims processing, utilization review). Covered entities may be held liable for violations by their business associates. HIPAA Privacy Rule Balance the protection and the free flow of personal health information. Use and disclosure of PHI by covered entities. Patients’ rights to understand and control their PHI is used. Implemented and enforced by Office for Civil Rights within DHHS. Information Protected By Privacy Rule All “individually identifiable health information” held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. This is called “protected health information” (PHI). No restrictions on use or disclosure of information that does not identify an individual. What the Privacy Rule Prohibits A covered entity may use or disclose PHI only when the Privacy Rule requires or permits it, or when the affected individual has given his or her written authorization. Example: AUTHORIZATION FOR RELEASE OF (PHI) PROTECTED HEALTH INFORMATION http://www.uclahealth.org/workfiles/documents/privacy/release-of-health-info-english.pdf 7 Required Disclosure of PHI #1 When the affected individual specifically requests access to or disclosure of his or her PHI. #2 When the DHHS seeks access in the course of a compliance investigation or review, or an enforcement action. Permitted Disclosure of PHI Disclosure to the subject of the information. For use in treatment and payment activities. When individual can agree with or object to the disclosure. Disclosure is incidental, “minimum necessary”, and privacy safeguards exist. For “national priority purposes”. In the form of a “limited data set”. “Minimum Necessary” Principle Whether disclosure is required, permitted, or authorized, a covered entity must make reasonable efforts to use, disclose, and request only the minimum amount of PHI needed to accomplish its intended purpose. Notice of Privacy Practices Each covered entity must provide a notice of its privacy practices, including …. ways in which the entity may use or disclose the PHI entity’s d ...

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