Hipaa

This paper will examine the privacy rules of the Health Insurance Portability and Accountability Act (HIPAA) of 1996

The following pieces of individually identifiably information when linked with health or medical information constitute PHI ( 45 CFR 164.514)

The Health Insurance Portability and Accountability Act (HIPAA) is a set of national standards created for the protection of health information; it is also known as a “Privacy Rule”. This rule was employed in 1996 by the US Department of Health and Human Services (DHHS) to address the use and disclosure of an individual’s health information as well as the standards for the individual’s privacy rights to understand and control the manner in which their information is used.

First is the privacy rule, which is meant to guard the confidentiality of all protected health information. This is defined as any information that includes the patient’s name or other identifiers, such as a birth date or medical record number. Protected health information can be data that is written, spoken, or in electronic form. The privacy rule came about because many healthcare workers have been far too willing to talk casually about their patients without thinking how this violates their confidentiality, The Final Rule modifies the Privacy Rule to extend direct liability for disclosures of PHI by business associates. However, the rule does not subject

In 1996, the HIPPA act was passed. Health Insurance Portability and Accountability Act (HIPAA), which was directed to improve the areas in the health field. For instance, lowering the number of errors and mistreatment, for individuals to have the access to transfer health coverage according to their present situation, and most importantly it monitors security and confidentiality information to ensure its being controlled in an accurate manner. This act gives congress ability to govern financial matter such as, federal level funding processes pertaining to different health documentation. Providing quality care while protecting patient’s information is a priority controlled under HIPAA, which accepts collaboration with all state and federal

Explanation: According to both HIPAA and ARRA regulations, healthcare organizations compels to allow all reasonable efforts to limit the disclosure of information to the minimum necessary data to accomplish the purpose of the request (McWay, 2010). Based on the information provided, the request for PHI fails to specify the date of validity of the release of PHI. According to the HIPAA privacy rule, a request for the release of PHI is invalid if the request meets the following specifications (1) expiration date not specified that is related to purpose of disclosure, or the date on the request for information has elapse, (2) If the authorization request have been revoked, (3) failure to clearly state the intended purpose of release of information, (4) failure to provide signature and date of authorizing the disclosure of information ( or failure to provide specification of the representative’s authority to act on behalf of the patients), and (5) failure to specify the entity disclosing and the recipient entity (Department of Health & Human Services, 2004). There

According to HIPAA “the disclosure of PHI is prohibited, except when the patient has signed a release of information form that authorizes PHI to be released or disclosed to a specific party (Sheahan)”. With the release of information there are different rules that need to be followed in order to protect the patient’s privacy. With mental health information in a patient’s medical record, it makes the release of information more difficult and there are different rules that need to be followed in order to protect the patient’s privacy.

In conclusion, as long as information that is provided without the individual’s consent has been de-identified, and can help that particular individual, or help others with research, it is a good thing that information can be provided to those who request the PHI. The HIPPA law makes sure that no personal, private information can be disclosed without the patients consent. And any other information is not provided without first obtaining the individual’s consent.

Health Insurance Portability and Accountability Act or HIPAA is a statute endorsed by the U.S. Congress in 1996. It offers protections for many American workers which improves portability and continuity of health insurance coverage. The seven titles of the final law are Title I - Health care Access , Portability, Title II - Preventing Health Care Fraud and Abuse; administrative simplification; Medical Liability Reform; Title III – Tax-related Health Provisions; Title IV – Application and

HIPAA and HITECH Act help address several problems associated with inappropriate use of healthcare information by authorized users. HIPAA requires minimum necessary infor-mation to be released while HITECH goes into a little further detail but still to release minimum necessary information. Several different organizations need to define how they go about han-dling inappropriate use of information. A guideline must be set within the organization on who will have access to the information and how it is disbursed to other healthcare organizations re-questing records.

Any patient that is seen by a physician within the United States is to be protected by the “Health Insurance Portability and Accountability Act” or HIPAA, which was passed into law in 1996 (Jani, 2009). All health care facilities dealing with any protected health information (PHI) are to ensure that all physical/electronic processes are safeguarded from any third party entity or unauthorized personnel according to HIPAA. All health care data to include any medical insurance

2. For Health Care Operations: Help and Healing on the Hill may disclose your PHI to facilitate the efficient and correct operation of its practice. Example: Quality control - Help and Healing on the Hill may provide your PHI to its office personnel, accountants, practice consultants, attorneys and others to make sure that Help and Healing on the Hill is in compliance with applicable practices and laws. It is Help and Healing on the Hill’s practice to conceal all client names in such an event and maintain confidentiality. However, there is still a possibility that your PHI may audited for such purposes.

Protected health information (PHI) is information in a medical record or set of medical data that can be used to identify an individual and was created during the normal healthcare process (1). Medical identity theft is the use of PHI to obtain medical care, drugs, or submit claims to insurance in another person’s name (2). To help prevent medical identity theft, the Health Insurance Portability & Accountability Act (HIPAA) was passed in 1996 with the purpose of directing how patient is used and can be made available. HIPAA is typically divided into 2 rules: the privacy rule and the security rule. The Privacy rule establishes the standards to protect individual healthcare data and applies to health plans, clearinghouses, and healthcare providers that conduct certain electronic healthcare

3.) Under HIPAA, covered entities (healthcare providers, health plans and healthcare clearinghouse) must comply with the privacy rules. A covered entity may develop its own privacy rules that would accommodate its own needs of protected health information (PHI) management but it most comply with the HIPAA guidelines. It is the responsibility of the entity to put in place a privacy official to oversee the policies, procedures and be on hand and available to be contacted in reference to the privacy rule. A patient should be given a privacy notice act at his/her health facility stating how their (PHI) is being used and to whom it will be shared. The covered entity should include in the notice their duty to assure the patients privacy as well as how and whom to contact if there is a complaint or they feel that their rights have been violated. As of 2009 the Office of Civil Rights (OCR) handles complaints that are made on privacy policies, procedure and practices of HIPAA covered entities.

The principles that allow covered entities such as government agencies to release protected health information only with the patient’s consent is that PHI will be released in compliance with the regulations governing reporting requirements. There are times where the government can release protected health information, the HIPAA Privacy Rule provides that protected