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Questions and Answers
Which of the following statements best describes the HIPAA Privacy Rule?
Which of the following statements best describes the HIPAA Privacy Rule?
- The HIPAA Privacy Rule is a federal statute governing health information confidentiality. (correct)
- The HIPAA Privacy Rule is a federal regulation governing health information confidentiality. (correct)
- The HIPAA Privacy Rule is a state regulation governing health information confidentiality.
- The HIPAA Privacy Rule is a state statute governing health information confidentiality.
Is HIPAA a federal statute?
Is HIPAA a federal statute?
True (A)
The HIPAA Privacy Rule does not regulate which of the following?
The HIPAA Privacy Rule does not regulate which of the following?
- Health plans
- Health care clearinghouses
- Health care providers that transmit health information in electronic form.
- None of the above. (correct)
Which of the following is not a 'health care provider' under the HIPAA Privacy Rule?
Which of the following is not a 'health care provider' under the HIPAA Privacy Rule?
Which of the following falls within the definition of a 'covered entity' under the HIPAA Privacy Rule?
Which of the following falls within the definition of a 'covered entity' under the HIPAA Privacy Rule?
Which of the following is not a 'provider of medical or health services' for the purposes of the HIPAA Privacy Rule's definition of 'health care provider'?
Which of the following is not a 'provider of medical or health services' for the purposes of the HIPAA Privacy Rule's definition of 'health care provider'?
Which of the following statements was true about a business associate (BA) before the enactment of the American Recovery and Reinvestment Act (ARRA)?
Which of the following statements was true about a business associate (BA) before the enactment of the American Recovery and Reinvestment Act (ARRA)?
Which of the following statements is true about a business associate (BA) after the enactment of the American Recovery and Reinvestment Act (ARRA)?
Which of the following statements is true about a business associate (BA) after the enactment of the American Recovery and Reinvestment Act (ARRA)?
Which of the following individuals or institutions does not fall within the definition of a 'business associate' under the HIPAA Privacy Rule?
Which of the following individuals or institutions does not fall within the definition of a 'business associate' under the HIPAA Privacy Rule?
Which of the following organizational options allows a covered entity that is a single legal entity to apply the HIPAA Privacy Rule to only one part or some parts of its legal entity?
Which of the following organizational options allows a covered entity that is a single legal entity to apply the HIPAA Privacy Rule to only one part or some parts of its legal entity?
The University of Oklahoma (OU) is a 'hybrid entity' under the HIPAA Privacy Rule.
The University of Oklahoma (OU) is a 'hybrid entity' under the HIPAA Privacy Rule.
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Study Notes
HIPAA Privacy Rule Overview
- The HIPAA Privacy Rule is a federal regulation focusing on the confidentiality of health information.
- It is enacted by Congress and enforced by the Department of Health and Human Services (HHS).
Regulation Scope
- The rule regulates health plans, healthcare clearinghouses, and healthcare providers that transmit health information electronically.
- It does not oversee all state regulations regarding health information.
Definitions of Providers
- Health care providers under HIPAA include physicians, hospitals, and pharmacies.
- Attorneys are excluded from the definition of "health care providers."
Covered Entities
- A "covered entity" includes self-insured group health plans with 50 or more participants.
- Employers without health care components are not considered covered entities.
Business Associates Pre-ARRA
- Before 2009, business associates were regulated but not subjected to penalties under the HIPAA Privacy Rule.
- They were not directly regulated in the same way covered entities were.
Business Associates Post-ARRA
- After enactment of the American Recovery and Reinvestment Act (ARRA), business associates became directly regulated and could face both civil and criminal penalties for violations.
Definition of Business Associates
- A reference laboratory serving a covered physician does not qualify as a business associate.
- Lawyers providing malpractice defense and accountants handling billing for covered entities are examples of business associates.
Organizational Structures
- A hybrid entity can apply HIPAA Privacy Rule selectively to specific parts of its operations depending on its legal entity structure.
- An organized health care arrangement (OHCA) and a single affiliated covered entity (SACE) are alternative structures but do not provide the same selective application under HIPAA.
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