9 Questions
What landmark legislation was enacted in 1996 to prevent healthcare fraud, ensure health insurance portability, and guarantee the security of health information?
HIPAA
The HITECH Act stands for Health Information Technology for Economic and __________ Health.
Clinical
What does PHI stand for?
Protected Health Information
The Privacy Rule under HIPAA mandates that patients must provide authorization for the release of their information, even for treatment and payment purposes.
False
How has the HITECH Act impacted HIPAA's Privacy and Security Rules?
All of the above
Business associates of covered entities are now required to comply with HIPAA's Privacy and Security Rules. True or False?
True
In case of a breach, breach notification obligations are triggered within ______ days.
60
What methods are mentioned for protecting PHI?
encryption, shredding, electronic media sanitation
Match the following acts or regulations with their descriptions:
MACRA = Introduced in 2015 by CMS, focusing on quality care and provider payment based on value. FDA Regulation of Medical Devices = FDA released guidance in 2015 (revised in 2019) for regulating mobile medical applications. 21st Century Cures Act = Aims to fund research, support medication and device development, and improve interoperability of health information.
Study Notes
Legislative Aspects of Nursing Informatics: HIPAA, HITECH, and Beyond
Introduction
- Two landmark pieces of legislation: Health Insurance Portability and Accountability Act (HIPAA) of 1996 and Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009
- HIPAA aims to prevent healthcare fraud and abuse, ensure health insurance portability, and guarantee security and privacy of health information
- HITECH Act aims to stimulate the US economy and improve healthcare delivery
HIPAA
- Signed by US President Bill Clinton in 1996
- Rules and regulations took years to formulate, balancing patient privacy and healthcare provider access to patient information
- Privacy Rules (Hellerstein, 2000) define Protected Health Information (PHI), propose patient authorization for release of information, and establish patient ownership of healthcare records
HITECH Act
- Enacted on February 17, 2009, as part of the American Recovery and Reinvestment Act (ARRA)
- Aims to improve healthcare quality, reduce costs, and protect public health
- Definitions:
- Certified EHR Technology: meets governmental standards for electronic health records
- Enterprise Integration: electronic linkage of healthcare providers, health plans, government, and other parties
- Healthcare Information Technology: hardware, software, and related licenses designed for healthcare entities or patients
Purposes of HITECH Act
- Improve healthcare quality
- Reduce healthcare costs
- Protect public health
- Facilitate clinical research
- Reduce health disparities
- Better secure patient health information
National Health IT Infrastructure
- Developed by the Office of the National Coordinator (ONC) for Health Information Technology
- Established the Health Information Technology Advisory Committee (HITAC) and the Policy Committee
- Ensures interoperability of health information, coordinates health IT initiatives, and reviews federal health IT investments
HIPAA and HITECH Act Changes
- HITECH Act provides monetary incentives for providers using meaningful EHR systems
- HITECH Act extends HIPAA compliance requirements to business associates of covered entities and imposes stricter penalties for non-compliance
- HIPAA Privacy and Security Rules were enhanced by the HITECH Act
Implications in Nursing Practice
- Nurses must be involved and informed about EHR system development and implementation
- Nurses must protect patient privacy and security, and comply with HIPAA and HITECH Act regulations
- Social media use in nursing practice requires awareness of potential breaches of patient confidentiality
Recent Laws and Regulations
- Medicare Access and CHIP Reauthorization Act (MACRA) focuses on quality care and provider payment based on value
- FDA Regulation of Medical Devices regulates mobile medical applications
- 21st Century Cures Act aims to fund research, support medication and device development, and improve interoperability of health information
Legislative aspects of nursing informatics, covering HIPAA and HITECH Acts. Understand the impact of these laws on healthcare and technology.
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