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What does HIPAA stand for?
Health Insurance Portability and Accountability Act (of 1996)
HIPAA is a…
federal law, since 1996, requiring sensitive info about a patient’s identity and health to be protected from being disclosed w/o the patients consent or knowledge.
Punishments for violating HIPAA
Heavy fines and Imprisonment
HIPAA ensures that patients have the following rights:
-To see and copy their health record
-To update their health record
-To request correction of any mistakes
-To get a list of the disclosures a healthcare institution has made independent of disclosures for the purposes of treatment, payment, and healthcare operations
-To request a restriction on certain uses or disclosures
-To choose how to receive health information
PHI stands for
Protected Health Information.
HIPAA’s Authorization Rule requires…
a signed authorization from the patient before a HCP or institution may release PHI for purposes other than treatment, payment, or healthcare operations.
There are two categories of disclosures that are allowed without authorization:
permitted and incidental disclosures
Permitted Disclosure Example
Public health activities, such as tracking and controlling infections, disease outbreas, and dangerous problems with drugs and medical equipment
Permitted Disclosure Example
Law enforcement and judicial proceedings, such as medical records relevant to the investigation and prosecution of a crime or required reporting of child abuse or domestic violence
PHI of deceased people is…
a permitted disclosure as it is needed to facilitate organ donation or to assist coroners, medical examiners, and funeral direactors
Incidental Disclosure Examples
Use of sign-in sheets or calling out names in waiting rooms
Incidental Disclosure Examples
Minimal information exposed by placing patient charts appropriately outside exam rooms, using whiteboards, or displaying x-ray light boards.
Incidental Disclosure Examples
The possibility of confidential conversations being overheard, provided surroundings are appropriate for the conversation and voices are kept down.
What are some examples of PHI?
any data that would identify the
individual, name, hospital number, social security number, lab results, past or current photos, date of birth, email
What does PO stand for?
Privacy Officer
What does a Privacy Officer do?
an employee who is responsible for implementing and enforcing HIPAA. This person could be your point of information regarding HIPAA other than your instructor
What does CE stand for?
Covered Entity
What is a covered entitiy?
any health plan, healthcare providers, agency that processes claims, and any company that subcontracts with them are covered by HIPAA.
Strategies to Protect HIPAA (Nevers)
NEVER disclose passwords or share login information
NEVER leave portable devices or documents unattended
NEVER leave documents openly exposed
NEVER access client records out of curiosity
NEVER access your own records
NEVER dispose of PHI with regular trash or in recycle bin
NEVER text patient information
NEVER post pictures of patients or their information/condition on social
media or to any other website
NEVER take a picture or make copies of client information
Strategies to Protect HIPAA (ALWAYS)
ALWAYS be mindful of who is in the patient’s room
ALWAYS recognize that nursing students are not exempt from HIPAA
ALWAYS consider HIPAA as a team effort
ALWAYS position HIPAA as a benefit, not a box-checking exercise
ALWAYS educate yourself on best practices
HIPAA Applies to Education
Applies to any student who, during their educational process, is involved in a
patient’s care and/or has access to PHI (within the clinical environment, as well
as associated activities outside the clinical environment).
In the course of education, a patient’s PHI (including photos/images) must not
be disclosed or used in any other way without the patient’s authorization/consent
“Reasonable Effort” must be made to ensure that only de-identifying PHI is
used for education.
Serious break of HIPAA rules can result in…
removing a student from thd course/progam