Questions and Answers
Who owns the health record in the EHR environment?
The healthcare provider owns the health record.
Who owns the information contained in the health record?
The healthcare provider owns the record.
What is the primary focus of the HIPAA Privacy Rule?
It addresses how and for what purposes protected health information can be used.
Who are the covered entities under the HIPAA Privacy Rule?
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Does HIPAA preempt all state laws addressing privacy?
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What information must be described in the Notice of Privacy Practices?
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When must healthcare providers provide the Notice of Privacy Practices?
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What formats of information are protected under HIPAA?
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To what types of information is the patient not provided access?
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List five types of disclosures that do not need to be included in an accounting.
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Can a patient's request to access health information be denied?
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Under the Privacy Rule, who may sign an authorization for the disclosure of information?
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What circumstances allow a facility to deny a patient's access request without an opportunity for review?
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Study Notes
Ownership and Control of the Health Record
- Ownership of the health record is historically attributed to healthcare providers (physicians or hospitals) due to its nature as a business record.
- Patients possess an interest in the information contained within their health records regardless of format (paper or electronic).
Information Ownership
- The healthcare provider owns the health record, while patients have rights to access and control the use and disclosure of their information.
HIPAA Privacy Rule
- The primary aim of the HIPAA Privacy Rule is to regulate the usage and disclosure of protected health information (PHI).
Covered Entities Under HIPAA
- Covered entities include health plans, healthcare clearinghouses, healthcare providers transmitting health information electronically, government benefit programs, entities under civil rights laws, and business associates of these entities.
HIPAA and State Laws
- HIPAA can preempt state laws governing privacy but only if they are contrary; it serves as a minimum standard (floor) rather than a maximum (ceiling).
- Exceptions for stricter state laws are outlined in regulations.
Notice of Privacy Practices
- Must explain how covered entities may use/disclose PHI, patients' rights related to such uses, and the obligations of entities to protect PHI.
Requirements for Providing the Notice of Privacy Practices
- Healthcare providers must offer the Notice upon request, at first service delivery, or as soon as practicable after emergency services.
- Providers should make good faith efforts to obtain written acknowledgment from patients.
Formats Protected Under HIPAA
- Both electronic and paper formats of health information are protected under HIPAA regulations.
Information Not Accessible to Patients
- Patients do not have access to oral information, psychotherapy notes, information created for legal proceedings, and certain PHI that is exempt from the Clinical Laboratory Improvements Amendments (CLIA).
Disclosures Not needing to be Accounted
- Disclosures for treatment, payment, healthcare operations (TPO), to the patient, incidental disclosures, those under patient authorization, for facility directories, national security, law enforcement under specified circumstances, and limited data sets do not require accounting.
Denial of Access to Health Information
- Healthcare providers can deny patient requests for their health information under specific circumstances, with options for review depending on the situation.
Authorization for Disclosure of Information
- The patient or their legal representative may authorize disclosure of health information under the Privacy Rule.
Circumstances for Denying Patient Requests
- Certain conditions allow facilities to deny patient access to health information without a review opportunity, though specific details are necessary for clarity.
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Description
This quiz explores the ownership and control of health records, focusing on the implications of the HIPAA Privacy Rule. It covers the roles of healthcare providers and patients, as well as the types of entities covered under HIPAA. Test your knowledge on health information privacy regulations and their applications.
