Strand 6 Health Information Management — Confidentiality, Privacy & Security (Outcome 6.2)

Confidential law

Broad rights and limits on government action in healthcare.

Statutory Law

Laws passed by legislatures, such as HIPAA, that dictate healthcare privacy and security.

Administrative Law

Rules created by government agencies under authority granted by statutes.

Case Law

Court decisions that interpret statutes and develop legal principles over time.

Civil Law

Focuses on resolving disputes and providing remedies, like in medical malpractice lawsuits.

Criminal Law

Involves offenses against the state, prosecuted by the government.

Trial Courts

Determine facts and apply law to those facts in legal disputes.

Appellate Courts

Review whether the law was applied correctly, generally not retrying the facts.

Jurisdiction

A court's authority to hear a case, determining if it goes to federal or state court.

Plaintiff

The person or party bringing a claim in a legal dispute.

Defendant

The person or party being sued in a legal dispute.

Expert Witness

Individuals who explain standards of care and technical medical issues in court.

Discovery

The formal pre-trial process where each side obtains information from the other.

Negligence

Failing to act with reasonable care which forms the basis of many malpractice claims.

Duty

The obligation a provider owes to a patient in a professional relationship.

Breach

When the provider fails to meet the standard of care, establishing negligence.

Causation

The relationship that proves the breach directly caused the injury.

Damages

Actual harm that occurred, including injury, cost, or pain in a negligence case.

PHI (Personal Health Information)

Individually identifiable health information regarding a person's condition or care.

Minimum Necessary

Principle limiting access and sharing of PHI to what is needed for job functions.

Patient Authorization

Patient-signed permission to release specific information to a specified recipient.

Subpoena

A legal demand for information, requiring careful handling by privacy officers.

Audit Trails

Records of activity in a system that track who did what and when.

Data Quality Monitoring

Processes that ensure health information is accurate, complete, and timely.

Administrative Safeguards

Policies and procedures that manage how individuals handle data.

Physical Safeguards

Controls that protect the physical environment where PHI is stored and accessed.

Technical Safeguards

Technology controls that protect data and ensure authorized user access.