HIPAA training
HIPAA: Health Insurance Portability and Accountability Act
reform health insurance industry
neutralize cost of reforms
HIPPA administrative simplificiation regulations
rules that govern the privacy and security of health information
give patients rights to better safeguard sensitive information
related laws carry civil and criminal penalities that can be applied even if you did not know the law existed
what is a HIPPA compliance officer
an individual who is responsible for overseeing HIPPA compliance
the roles of HIPPA privacy officer
develop and implement HIPAA privacy policies, train workforce members, and monitor compliance
conduct risk assessments, revice HIPAA policies, and provide additonal HIPAA training
be the point of contact between the organization and members of the public for HIPAA purposes
investigate HIPAA privacy violations, report data breaches, and apply sanctions to workforce members
work with business associates and regulatory agencies, and maintain compliance with other privacy laws
ultimate responsibility to HIPAA compliance
the roles of a HIPAA security officer
develop and implement security policies and procerdues to support compliance with the HIPAA security rule
conduct risk assessment to determine the most appropraite security mechanisms and how they should be used
develop a security awareness training program in accordance with the general requirements of the HIPAA security rule
monitor compliance with the security policies and procedures, and apply sanctions when necessary to workforce members
develop backup, contingency, emergency mode, and disaster recovery plans for all systems that maintain health information
communicating with HIPAA privacy and security officers
approachable individuals who aim to enhance the organizations compliance culture
workforce members and healthcare are encourages to ask questions, raise concerns, and report incidents
can help explain the rationale behind why tasks are performed in a specific way
alert an officer to a potential violation at the earliest possible opportunity
definitions and lexicons
HIPAA covered entity:
qualifying helath plan, health care clearinghouse, or healthcare provider; to qualitfy, must conduct electronic healthcare standards (transactions done electronically, so like insurance payments that are done electronically…)… most hospitals, pharmacies, and health clinics
business associate agreement (BAA):
contract between a HIPAA covered entity and a business associate on how a business associate can use or disclose protected health information which must be in place before PHI is disclosed
protected health information:
information relating to an individual’s health, treatment, or payment that can be used to identify the person; identifying that is maintained separately from PHI and is not protected by HIPAA
electronic protected health information
subset of PHI
accessed remotely and a wider attack surface
additonal safeguards when data is electronic
healthcare operations
administrative functions conducted by a HIPAA covered entity or business associate
quality assessments, competence reviews, and grievance resolution
disclosures of the minimum necessary PHI are permitted for healthcare operations
HIPAA minimum necessary standard
limits how much PHI can be used or disclosed for certain procedures
does not apply to requires uses and disclosures to the subject of the information or the HSS’ office for civil rights
HIPAA administraitve simplification regulations
regulations adopted to comply with the HIPAA act
the HIPAA regulations thaqt affect staff roles are in the HIPAA privacy, security, and breach notication rules
the HIPAA enforcement rule defines the procedures for compliance investigations by HHS’ office for civil rights
HIPAA rules
four subparts of the HIPAA administrative simplication regulations are commonly referred to as the HIPAA rules
HIPAA privacy rule, the HIPAA security rule, the breach notification rule, and the HIPAA enforcement rule
the remainder of the regulations consist of general requirements and the administrative requirements for healthcare transactions
HHS’ office for civil rights
an agency within the US department of health and human services
responsible for enforcing parts 160 and 164 of the HIPAA administrative simplifications regulations
HIPAA privacy rule, the HIPAA security rule, and the HIPAA breach notification rule
workforce HIPAA sanctions
internal disciplinary measures for violations of HIPAA standards and security policies
nature of the sanctions depends on the motive and impact of the violation, and whether the violation was a repeat offense
minor violations will most often result in a warning and additional training.. more serious violations carry harsher penalties
section 1177 of the social security act
covers the wrongful disclosures of individually identifiable health information
applies criminal penalties to workforce members who obtain health information for unlawful purposes
workforce members who help others obtain health information for unlawful purposes can also be charged with criminal offense
confidentiality, integrity, and availability in HIPAA
confidentiality relates to the privacy and security of PHI in any format
integrity relates to ensuring PHI is not altered to destroyted impermissibly
availability relates to ensuring PHI is always available for permitted used and disclosures
what is HIPAA consent and authorization
HIPAA privacy rule permits uses and disclosures of PHI for non-routine cases
the use or disclosure of PHI must be supported by a patients conset or authorization
consent can be informal and provided orallly, but patient authorization involves a formal, written process
HIPAA notice of privacy practices (NPP)
how an organization can use or disclose an idnividual’s PHI
explains individual’s rights under HIPAA and how individuals can exercise their rights
not all HIPAA notices of privacy practices are the same, but organizations must adhere to the content
the main HIPAA regulatory rules
the HIPAA privacy rule
defines what health information is protected and when protected health information can generally be used or disclosed
stipulates what conditions must be fulfilled for other circumstances in which PHI is used or disclosed
the minimum necessary standard limits how much PHI can be disclosed to achieve the purpose of the disclosure
patients have the right to access their health information, request corrections, and obtain a report of when it has been disclosed to third parties
pateints also have the right to request privacy protections and confidential communications and to complain if they are being prevented from exercising their rights
the HIPAA security rule
contains safeguards designed to protect the security of electronic protected health information
must develop policies and procedures to support complaince
workforce members and students must be trained on compliant use of devices and systems with access to health information
workforce members must not use any other software or devices than those sanctioned by the IT dept
failure to comply can result in disciplinary action
HIPAA breach notification rule
a breach is any impermissible acquisition, use, or disclosure of PHI in any format
if a breach is suspected, a risk assessment will determine whether it qualifies as a notifiable event
if a breach is confirmed as notifiable, affected individuals must be notified without unreasonable delay
regulatory agencies must also be notified, as may the media and law enforcement depending on the circumstances
to give affected individuals the best opportunity to protect themselves from fraud and theft, all known or suspected breaches must be escalated as quickly as possible