Podcast
Questions and Answers
When is disclosure to law enforcement permitted under HIPAA? (Select all that apply)
When is disclosure to law enforcement permitted under HIPAA? (Select all that apply)
Which laws have privacy implications? (Select all that apply)
Which laws have privacy implications? (Select all that apply)
What is the Health Breach Notification Rule?
What is the Health Breach Notification Rule?
A rule requiring vendors of personal health records to notify consumers when their health information security has been breached.
What does HITECH stand for?
What does HITECH stand for?
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What is the purpose of the Health Insurance Portability and Accountability Act (HIPAA)?
What is the purpose of the Health Insurance Portability and Accountability Act (HIPAA)?
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What is the Minimum Necessary Requirement under HIPAA?
What is the Minimum Necessary Requirement under HIPAA?
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What is the HIPAA Privacy Rule?
What is the HIPAA Privacy Rule?
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What constitutes Protected Health Information?
What constitutes Protected Health Information?
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What is a Business Associate under HIPAA?
What is a Business Associate under HIPAA?
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What is an Electronic Health Record?
What is an Electronic Health Record?
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What other rule was mandated by HIPAA alongside the Security Rule?
What other rule was mandated by HIPAA alongside the Security Rule?
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Study Notes
Disclosure to Law Enforcement under HIPAA
- Disclosure is permitted when the information sought is relevant and material to a legitimate law enforcement inquiry.
- Requests must be specific and limited in scope, considering the purpose for which the information is requested.
- De-identified information must not be reasonably applicable to the inquiry.
Laws with Privacy Implications
- HIPAA (Health Insurance Portability and Accountability Act)
- COBRA (Consolidated Omnibus Budget Reconciliation Act)
- ERISA (Employee Retirement Income Security Act)
- FMLA (Family and Medical Leave Act)
Health Breach Notification Rule
- Mandates vendors of personal health records to notify consumers if their health information security has been breached.
HITECH Act (Health Information Technology for Economic and Clinical Health Act)
- Enacted in 2009 as part of the American Recovery and Reinvestment Act.
- Addresses privacy and security issues regarding PHI (Protected Health Information) as defined by HIPAA.
- Introduces categories of violations based on culpability, leading to tiered civil monetary penalties.
- Enhances breach notification protocols for compromised information.
HIPAA Overview
- Establishes national standards for electronic healthcare transactions.
- Protects the privacy and security of personal health information through regulations by the U.S. Department of Health and Human Services.
- Patients must opt-in for information sharing, with exceptions for treatment, payment, and healthcare operations.
Minimum Necessary Requirement
- Requires healthcare providers to disclose only the minimum amount of information necessary for the intended purpose when sharing with third parties.
HIPAA Privacy Rule
- Sets U.S. national standards to protect medical records and personal health information.
- Applies to health plans, healthcare clearinghouses, and certain healthcare providers conducting electronic transactions.
- Imposes safeguards to protect privacy, limits uses and disclosures without patient authorization, and grants patients’ rights to their health information.
Protected Health Information (PHI)
- Individually identifiable health information that relates to the individual’s physical or mental condition, healthcare provision, or payment for healthcare.
- Must be held by a covered entity or its business associate and can be in any form or medium.
Business Associate Definition
- A non-workforce person or entity providing services to a covered entity, utilizing protected health information.
- Activities include claims processing, data analysis, billing, and consulting.
Electronic Health Record (EHR)
- A digital version of an individual’s medical history, shareable across various healthcare settings via interconnected information systems.
Additional HIPAA Regulation
- Alongside the Security Rule, the Privacy Rule was mandated to protect healthcare information and was issued by the Department of Health and Human Services.
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Description
Test your knowledge on HIPAA regulations and privacy laws with these flashcards. Each card provides key definitions and scenarios that highlight the legal framework for health information privacy. Perfect for students and professionals in the healthcare field.