The HIPAA Privacy Rule. The Rule requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. The Rule also gives patients rights over their health information, including rights to examine...
There is a common misconception that all health information is considered PHI under HIPAA, but there are some exceptions. First, it depends who records the information. A good example would be health trackers – either physical devices worn on the body or apps on mobile phones.
Statutory and Regulatory Background. The Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, was enacted on August 21, 1996. Sections 261 through 264 of HIPAA require the Secretary of HHS to publicize standards for the electronic exchange, privacy and security of health information.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, was enacted on August 21, 1996. Sections 261 through 264 of HIPAA require the Secretary of HHS to publicize standards for the electronic exchange, privacy and security of health information.
The exemptions referred to concern the HIPAA transaction standards. The transaction standards allow disclosures of all data elements that are requi...
The news outlet´s reporting of the health condition is not a breach of the Minimum Necessary Standard because news outlets are not covered entities...
When a patient authorizes a disclosure of PHI, he or she should be informed what PHI is being disclosed, who it is being disclosed to, and why it i...
If it is discovered that a covered entity or an employee of a covered entity has disclosed more than the minimum necessary information – either via...
Incidental disclosures are inadvertent disclosures of PHI that occur as a by-product of a permissible disclosure. Generally, the Department of Heal...
The different between PHI and ePHI is that ePHI refers to Protected Health Information that is created, used, shared, or stored electronically - fo...
Due to the language used in the original Health Insurance Portability and Accountability Act, there is a misconception that HIPAA only applies to e...
No, because although names and telephone numbers are individual identifiers, at the time the individual calls the dental surgery there is no health...
Future health information can include prognoses, treatment plans, and rehabilitation plans that - if altered, deleted, or accessed without authoriz...
Although PHI can be shared without authorization for the provision of treatment, when medical professionals discuss a patient´s healthcare, it must...
That depends on the circumstances. Usually a patient will have to give their consent for a medical professional to discuss their treatment with an...
The HIPAA Privacy Rule establishes national standards to protect individuals' medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically. The Rule requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. The Rule also gives patients rights over their health information, including rights to examine and obtain a copy of their health records, and to request corrections.
The Privacy Rule is located at 45 CFR Part 160 and Subparts A and E of Part 164 .
When requests are received for access to PHI, the HIPAA Privacy Rule permits, in certain circumstances, the covered entity to rely on the judgement of the covered entity requesting the PHI. In each case, the reliance must be reasonable under the specific circumstances of the request. This “Reasonable Reliance” applies in the following situations:
In order to ensure that the HIPAA “Minimum Necessary” standard is adhered to across your organization, you must first know where all physical PHI is located and document all information systems containing ePHI, along with the types of PHI/ePHI in each location or information system. Covered entities should develop written policies ...
What is the HIPAA “Minimum Necessary” Standard? The HIPAA “Minimum Necessary” standard requires all HIPAA covered entities and business associates to restrict the uses and disclosures of protected health information (PHI) to the minimum amount necessary to achieve the purpose for which it is being used, requested, or disclosed.
The exemptions referred to concern the HIPAA transaction standards. The transaction standards allow disclosures of all data elements that are required or situationally required in transactions. Furthermore, covered entities have discretion as to the optional data elements included in transactions and the minimum necessary standard does not apply to these optional data elements.
A request from a public official or agency who states that the PHI requested is the minimum necessary for a purpose permitted under the HIPAA Privacy Rule. A request from another covered entity. A request from a professional who is a workforce member or business associate of the covered entity who holds the information and states ...
If it is discovered that a covered entity or an employee of a covered entity has disclosed more than the minimum necessary information – either via a breach investigation or a patient complaint to the Department of Health and Human Services – the consequences will likely depend on the nature and content of the excess disclosure and what harm results.
An example would be the disclosure of protected health information to a business associate that is performing a service on behalf of a covered entity. The covered entity must make “reasonable efforts” to ensure only PHI essential for the service being provided is disclosed to the business associate. The service is unlikely to require access to patients’ entire medical histories, so that information should not be disclosed.
These devices can record health information such as heart rate or blood pressure, which would be considered PHI under HIPAA Rules if the information was recorded by a healthcare provider or was used by a health plan.
While the protection of electronic health records was addressed in the HIPAA Security Rule, the Privacy Rule applies to all types of health information regardless of whether it is stored on paper or electronically, or communicated orally.
The different between PHI and ePHI is that ePHI refers to Protected Health Information that is created, used, shared, or stored electronically – for example on an Electronic Health Record, in the content of an email, or in a cloud database. Both PHI and ePHI are subject to the same protections under the HIPAA Privacy Rule, while the HIPAA Security Rule and the HITECH Act mostly relate to ePHI.
Under HIPAA PHI is considered to be any identifiable health information that is used, maintained, stored, or transmitted by a HIPAA-covered entity – a healthcare provider, health plan or health insurer, or a healthcare clearinghouse – or a business associate of a HIPAA-cover ed entity, in relation to the provision of healthcare or payment for healthcare services.
The 18 identifiers that make health information PHI are:
Future health information can include prognoses, treatment plans, and rehabilitation plans that – if altered, deleted, or accessed without authorization – could have significant implications for a patient. For this reason, future health information must be protected in the same way as past or present health information.
It is not only past and current health information that is considered PHI under HIPAA Rules, but also future information about medical conditions or physical and mental health related to the provision of care or payment for care. PHI is health information in any form, including physical records, electronic records, or spoken information.
The HIPAA Security Rule requires covered entities and their business associates to secure PHI from reasonably anticipated risks. Physical, administrative and technical precautions are required to ensure the confidentiality, integrity, and availability of PHI.
Protected health information is the term used to describe individually identifiable information associated with an individual’s healthcare. It may be created, stored or shared by a HIPAA-covered entity while providing healthcare, or used in relation to payment for medical care services. Under HIPAA, the following information is regarded as ...
Demographic information such as sex, date of birth, race, and contact details. PHI pertains to physical health information such as patient charts and x-ray images. HIPAA also applies to electronic PHI (ePHI) – The digital equivalent of PHI.
Physical safety measures can include locked storage spaces for physical documents and electronic storage devices when they are not in use. Administrative safety measures can include PHI access controls that limit the people’s access to PHI and security awareness training of employees.
The HIPAA Privacy rule does not apply to de-identified PHI as it is no longer considered to be PHI if all identifiers are removed. Identifiers in PHI that need to be removed before it can be considered de-identified are listed below: Full name or last name and initial.
It does not apply to educational institutions or employee records. PHI/ePHI is basically health information and other personal information that identifies an individual. If all identifiers are removed from health information, it is no longer regarded as PHI.
HIPAA doesn’t specify particular safeguards that must be implemented. Covered entities are free to decide what measures to put in place to protect PHI and ePHI, although decisions should be guided by a HIPAA-compliant risk analysis. Technological safety measures may include encryption software and firewalls. Physical safety measures can include locked storage spaces for physical documents and electronic storage devices when they are not in use. Administrative safety measures can include PHI access controls that limit the people’s access to PHI and security awareness training of employees.
The Privacy Rule gives patients the right to: 1) receive notice from the therapist describing how and when you will disclose the patients information. 2) Access their health information (with certain limitations) 3) amend their records. TRUE/FALSE.
HIPAA defines a "business associate" as : people and companies that handle PHI when performing services for covered entities such as billing serceices and accountants.
The Privacy Rule defines PHI as: 1) Information that relates to the past, present or future physical or mental health condition of a patient; providing health care to a patient; or the past, present or future payment for the patients health care.
True. HIPAA Privacy Rule does NOT preempt state law provisions that: