The Notice of Privacy Practices:
Covered Direct Treatment Providers must provide the notice to the individual no later than the date of first service delivery (after the April 14, 2003 compliance date of the Privacy Rule) and, except in an emergency treatment situation, make a good faith effort to obtain the individual’s written acknowledgment of receipt of the notice.
What is PHI?
PHI stands for Protected Health Information and is any information in a medical record that can be used to identify an individual, and that was created, used, or disclosed in the course of providing a health care service, such as a diagnosis or treatment.
Obtaining “consent” (written permission from individuals to use and disclose their protected health information for treatment, payment, and health care operations) is optional under the Privacy Rule for all covered entities.
Are there any exceptions to the HITECH Act breach standard?
Exception1: The unintentional access to, acquisition or use of PHI by a workforce member acting in good faith and within the course and scope of his or her regularly assigned duties for the covered entity, if it does not result in any further use or disclosure of the PHI in a manner not permitted by the HIPAA Privacy Rule.
Exception 2: The inadvertent disclosure of PHI from one workforce member at the covered entity to another workforce member at the covered entity where all are authorized to access the information, when such PHI is not subsequently used or disclosed by the recipient in a manner that violates the HIPAA Privacy Rule.
Exception 3: An unauthorized disclosure to an unauthorized person of PHI, if there is a reasonable good faith belief that the recipient would not reasonably have been able to retain the information.
What was the key update associated with the HIPAA Final Rule?
The final rule implements changes under the Health Information Technology for Economic and Clinical Health Act (HITECH), modifies the previously released Interim Final Rule on Breach Notification for Unsecured Protected Health Information and implements elements of the GINA.
HIPAA is a federal law which is enforced by:
HHS’ Office for Civil Rights is responsible for enforcing the HIPAA regulation. HHS’ Office for Civil Rights is responsible for enforcing the Privacy and Security Rules. Enforcement of the Privacy Rule began April 14, 2003 for most HIPAA covered entities.
What is the deadline for providing notification of a breach?
The notice must be sent to individuals as soon as reasonably possible but no later than 60 days after it was discovered. The timing of notice to HHS depends on the number of persons affected by the breach: if the breach involves 500 or more persons, the covered entity must notify HHS at the same time it notifies the individual; if the breach involves less than 500 persons, the covered entity must report the breach to HHS until no later than 60 days after the end of the calendar year.
Covered entities must notify affected individuals following the discovery of a breach of unsecured protected health information in written form by first-class mail:
E-mail can also be used if the affected individual has agreed to receive such notices electronically. Covered entities must notify affected individuals following the discovery of a breach of unsecured protected health information. Covered entities must provide this individual notice in written form by first-class mail, or alternatively, by e-mail if the affected individual has agreed to receive such notices electronically.
Failure to comply with HIPAA can also result in civil and criminal penalties.
Based on the HITECH Act, when is a breach of unsecured PHI considered discovered?
Pursuant to the HITECH Act, a breach is treated as discovered by the covered entity or business associate as of the first day on which the breach is known or should have been known if the covered entity or business associate had exercised reasonable diligence.
The primary federal law pertaining to medical information privacy is:a) American Recovery and Reinvestment
The Health Insurance Portability and Accountability Act (HIPAA) is the baseline set of federal regulations governing medical information. It does three things: Creates a structure for how personal health information may be disclosed and establishes the rights individuals have concerning their health information.
If the service was done for a patient, it can be billed, even if it is not documented in the patient's record.
No. it must be documented in the medical record in order to bill.
Access to PHI is determined by:
Your role in the organization determines and necessitates if you are allowed to have access to PHI.
As part of the policy, you are required to change your password every 90 days. The common “90 day rule” for passwords. The rule being: change your password every 90 days (or 45 days, depending on the workplace). It’s a security best practice that will keep your accounts and your organization secure from hackers.
If an individual authorizes release of protected health information (PHI) that includes psychotherapy notes:a) Organization can release this PHI
Psychotherapy Notes must include the following disclosure statement, visibly marked on the copies of the PHI disclosed: Release only complete, copied information. Originals remain in the permanent medical record, even if a patient requests a transfer of their records to another physician.
Established in 1999 ecfirst is an Iowa-based Corporation. ecfirst delivers complete end-to-end compliance and information security services across the United States and worldwide. ecfirst has completed several hundred information security assessments over the last few years for satisfied clients. Our team has managed assessments using various standards including, but not limited, to NIST 800-53, HITRUST, HIPAA, GDPR, ISO-27001, PCI-DSS and others. We are well regarded in the industry as an affordable and high-quality team with well-established expertise in a number of fields. Many clients first engage ecfirst for its flexible services that range from On-Demand Consulting (ODC) to Managed Compliance Services Programs (MCSPs) covering training, policies, remediation, risk assessment, technical vulnerability assessments, penetration testing and much more.
Security means controlling the Confidentiality of electronic Protected Health Information (ePHI), Integrity of ePHI & Availability of electronic information. Focuses on measures a Covered Entity must take to protect PHI, at a “reasonable and appropriate” level, from unauthorized breaches of privacy. Approaches taken to ensure against the loss of integrity of PHI (a patient’s records are lost, changed, or destroyed either accidentally or maliciously). Consists of three types of Safeguards: Administrative, Physical & Technical.