The HIPAA Act Of 1996: Protecting Patient Confidentiality
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The federal Health Insurance Portability and Accountability Act also known as HIPAA has set a national standard for the handling of electronically stored medical records. Medical confidentiality protects conversations between a patient and his or her doctor from being used against the patient in court. It is a part of the rules of evidence in many common law jurisdictions. The penalties for violating HIPPA are based on the level of negligence and can range from $100 to $50,000 per violation or per record, with a maximum of $1.5 million per year. Violations can also carry criminal charges that can result in jail time.
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In order to ensure their protection HIPAA has instituted the Privacy and Security Rules that pertain to the safeguard of the Administrative, Physical, and Technical aspect to a patients EHRs. This insures that your provider puts into place measurements that guard against any unauthorized use of a patients PHI. Administrative Safeguards: HIPAA requires providers to have policies and procedures that are in place that protect the patients security, privacy and confidentiality. The administrative safeguards required under the HIPAA Security Rule include: • Identifying
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HIPAA regulations state that when using or disclosing PHI (protected health information) or when requesting PHI from another covered entity (a doctor’s office, dental practice, etc), a covered entity must make reasonable efforts to limit PHI, to the minimum necessary, to accomplish the intended purpose of the use, disclosure or request. So how do we accomplish the goal of limiting our PHI access and requests to the minimum necessary level? We look at three basic areas: levels of access to PHI, requesting PHI, and sending PHI. Giving employees specific levels of access to PHI
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Introduction The HIPPA compliance program for Your Health Clinic: Family Practitioner is designed to ensure that our healthcare organization and our business associates handle protected health information (PHI) securely and under the Health Insurance Portability and Accountability Act (HIPAA) regulations. Its purpose is to safeguard the confidentiality, integrity, and availability of PHI while promoting the privacy rights of patients. The HIPAA compliance program aims to protect the privacy and security of patient information, mitigate the risk of unauthorized access or disclosure, and maintain the trust and confidence of patients and stakeholders in the healthcare organization (U.S. Department of Human and Health Services, 2021). We maintain
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As a result of HIPPA Privacy Rules the processes of the healthcare has changed. The HIPPA Privacy Rule may now supersede state laws. At first the Privacy Rule was only a federal floor or minimum of privacy requirements so it does not preempt or supersede, stricter state statues or other federal statues. The word stricter refers to state and federal statues that provide individuals with greater privacy protection and gives individuals greater rights with the respect to their personal health information.
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Nurses and doctors take the oath to protect the privacy and the confidentiality of patients. Patients and their medical conditions should not be discussed with anyone who is not treating the patient. Electronic health records are held to the same standards as nurses in that information is to be kept between, and shared only with the immediate care team. HIPAA violations are not taken lightly nor are the violation fines cheap. Depending on the violation, a hospital can be fined from $100 to $50,000 per violation (National Nurse 2011 p 23).
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The HIPAA Breach Notification Rule requires HIPAA covered entities and their business associates to provide notification following a breach of unsecured protected health information. Similar breach notification provisions implemented and enforced by the Federal Trade Commission (FTC), apply to vendors of personal health records and their third party service providers, pursuant to section 13407 of the HITECH Act. . ("Privacy HHS.gov," n.d.) An example of this rule is a hospital disclosed protected health information to an employer about an employee without authorization. To correct the actions the Office for Civil Rights required the hospital to revise its procedures on patient authorization prior to release of protected health information
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If you work in healthcare, anywhere from a small medical office to a big hospital to an insurance company, you need to be in compliance with HIPAA. This is a long, complicated document and even big insurance companies struggle to keep the rules fresh in everyone 's mind and everyone on top of the most critical functions. Here are a few things to make sure you are doing right: 1) Make sure Protected Health Information (PHI) is not casually observable. This means turning papers face down on your desk, not leaving charts visible on office doors, and making sure your computer screen cannot be readily seen by other people. This includes not only patients but other staff.
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HIPAA is an acronym for the Health Insurance Portability and Accountability Act of 1996. It is the United States legislation that provides data privacy and security provisions for safeguarding medical information. Important things to know about HIPAA are the basics of it, the obligations of an organization under it, and key provisions of it. You must also be informed about healthcare professionals’ responsibilities under HIPAA and penalties for non-compliance.
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HIPAA is legislation that is mostly used in United States for the protection and privacy of the patient’s information. The medical information is protected by HIPAA whereby it ensures safe access to health and other personal information. HIPAA is therefore divided into five rules and regulations. There is private rule which ensures that all the information about individual’s health is highly protected. Private rule allows a good flow of health care information to ensure that an individual gets the best quality health care.
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Health Insurance Portability and Accountability Act also known as HIPAA became active in 1996. This is to allow all patients to have the right to their own privacy and having their medical records respected. This is a federal protection law of health information. This includes health care providers such as clinics, hospitals, nursing homes, and doctor offices must abide by this law. It is not limited to just the medical field but also other organizations, such as retail stores, small businesses, as well as dental offices and much more.
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Patient Rights. Enactment of HIPAA enables patients in many ways by providing them a set of rights which include a right to be notified about the privacy practices of the covered entity they are dealing with, a right over control and access of their Personal Health Information(PHI), and to take legal action against an entity on encountering any HIPAA violation without facing threats of retaliation. Security Safeguards. The Security Rule of HIPAA provides a highly detailed series of requirements in terms of administrative, technical, procedural and physical guidelines, for securing the electronic Personal Health Information (ePHI). State Law.
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