hipaa the privacy rule. 2 history in 2000, many patients that were newly diagnosed with depression...
TRANSCRIPT
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HIPAA
THE PRIVACY RULE
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HISTORY
• In 2000, many patients that were newly diagnosed with depression received free samples of anti-depressant medications in their mail.
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HISTORY
• Many of these patients were concerned on how the pharmaceutical companies were notified of their disease.
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HISTORY
• After much investigation, the Physician, the Pharmaceutical company and a well known Pharmacy chain were all indicted on breach of confidentiality charges.
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HISTORY
• This is just one example of why the Federal government needed to step in and assist in protecting patient privacy.
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HIPAA
• Health Insurance Portability and Accountability Act– Much of the patient’s health information is
documented in a computerized format. Protecting this information has become vitally important.
– The first federal legislation (effective April 14, 2003) that attempts to protect a patient’s right to privacy, and the security and access of personal medical information and uses
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Definitions
• Privacy – state of being concealed; secret
• Confidentiality – containing secret information (medical record)
• Authorization – to give permission for; to grant power to
• Breach Confidentiality – to break an agreement, to violate a promise
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Confidentiality
• Deals with:– Communication or in-
formation given to you without fear of disclosure
– Legitimate Need to Know & Informed Consent
• Potential breeches of confidentiality can occur
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HIPAA• Privacy Rule
– Imposes restrictions on the use/disclosure of personal health information
– Gives patients greater protection of their medical records
– Hopefully provides patients with greater peace of mind related to the security of their information
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Protected Health Information
• What is Protected Health Information (PHI)?– When a patient gives
personal health information to a healthcare provider, that becomes Protected Health Information (PHI)
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Protected Health Information
PHI Includes: Verbal information Information on
paper Recorded
information Electronic
information (faxes, e-mails)
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Protected Health Information
• Examples of patients information – Patients name or address– Social Security or other ID numbers– Doctor’s/ Nurse’s personal notes– Billing information
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Rules for the Use & Disclosure of PHI
• PHI can be used or disclosed for– Treatment, payment, and healthcare
operations– With authorization/agreement
from patient– For disclosure to patient
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Rules for the Use & Disclosure of PHI
• You’re required to release PHI– When requested/authorized by
the patient (some exceptions apply)
– When required by the Department Health and Human Services
• Patients can request a list of persons who viewed their PHI, but they too must sign a consent
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Authorization Guidelines
• Patient authorization for release of PHI must be obtained in the following situations:– Use/disclosure of psychotherapy notes– For research purposes– For use/disclosure to third parties for making
activities
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Authorization Guidelines
• PHI can be used/disclosed without authorization for the following reasons: To inform appropriate
agencies Public health activities
related to disease prevention/control
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Authorization Guidelines
• PHI can be used/disclosed without authorization:– To report victims of abuse, neglect or domestic
violence – To funeral homes, tissue/organ banks– To avert a serious threat to health/safety
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Notice of Privacy Practices
The Notice of Privacy Practices must contain the patient’s rights and the covered entities’ legal duties
Patients are required to sign a statement that they were informed of and understand the privacy practices
Patients have the right to adequate notice concerning the use/disclosure of their PHI
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Minimum Necessary
• What are the Minimum Necessary requirements?– Use/disclosure of PHI is limited to the
minimum amount of health information required to do the job
• It means:– Development of polices/practices on sharing
health information
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Minimum Necessary
Identify employees who regularly access PHI.
Identify the types of PHI needed and the conditions for access.
Grant only that access necessary to perform the job.
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Protections for Health Information
• Important Safeguards– Physical Safeguards
• Computer terminals are not placed in public areas
– Technical Safeguards• Every associate must keep his/her password
confidential
– Administrative Safeguards• Policy and procedure for release of patient
information
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JCAHO Standards
• Patients Rights– The hospital demonstrates respect for
the following patient needs:
• Confidentiality
• Privacy
• Security
• Resolution of complaints
• Records and information are protected against LOSS, destruction, tampering and UNAUTHORIZED ACCESS or use
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JCAHO Standards
• Patients Rights– Patients have a right to
confidentiality of all information that is provided to the healthcare professional and institution
– Health care professionals ensure that patient information is secured at all times and if there are any complaints, those complaints will be resolved in a timely manner.
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Faxing Guidelines Located in non-public areas. Centralized fax machines: Pick up
information immediately DO NOT FAX the
following records/results:
HIV results Alcohol abuseMental Health Substance abuseNarcotic prescriptions Child abuse
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Faxing Guidelines
When you fax to outside offices:
Check the transmission print out
Verify that the correct number was dialed
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Privacy
• No photographs or recordings of any type are to be taken of patients in the clinical setting.
• No cameras, palm pilots, cell phones or any electronic devices with photography capabilities are permitted in the clinical environment.
Protect Your Patient!
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Enforcement of the Medical Privacy Regulations
Office for Civil Rights-A patient may complain to
the Privacy Officer in a hospital …
OR
-The Director of Health and Human Services (HHS)
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Patient Privacy Rights
• It’s your job to make sure patients know they have the right to: – To see and copy their PHI– Protect patient’s privacy and
confidentiality– Contact your hospital’s privacy
administrator for any privacy concerns
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What can you do?
• If you have any questions, ask your clinical instructor or contact the hospital’s Privacy Administrator