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Hipaa Example

hipaa example

The HIPAA Privacy Rule

Privacy is a very valuable thing, and in the past it was often taken for granted. It is getting harder and harder to protect these days due to the advancement of the internet and other technologies. It is because of such advancements that Congress made the determination that it was time to legislate privacy rules and guidelines in certain areas. This is how the HIPAA privacy rules came about in 1996.

The HIPAA Privacy Rule began taking effect in 2003. Those that were included under this rule were to be most healthcare providers, health plans, and healthcare clearing houses. The legislation stated that most of these entities were going to have requirements to protect the individuals’ privacy that they did business with. Anything termed Protected Health Information (PHI) must then be kept private. This is an obscure phrase, which could actually mean any information that could identify the patient or their health history in any way. In other words, this could include such things as:
- The patient’s name
- Their social security number
- Any contact information
- Doctor/patient conversations
- Prescription information
- Billing information
- Health records
- Insurance records

Furthermore, the HIPAA Privacy Rule also states when and to whom PHI can be disclosed. If a patient requests to see any part of their own information, the entity must provide them such information within 30 days. PHI must also be disclosed when it is required by law (i.e. suspected child abuse cases). PHI may also be disclosed in attempt to facilitate payment, provided there is authorization from the individual.

There is a lot that goes into protecting an individual’s privacy under the HIPAA Privacy requirements. Every entity would be well advised to choose someone to be a privacy officer. This person should oversee the privacy rules that are set and practiced where they are located. The chosen privacy officer should be responsible for training any and all employees on what is considered to be standard protocol as well as any changes made to procedures. The privacy of the individual should be insured by taking several precautions. Keep in mind that there are things that can be done which are as easy as keeping patient charts closed and out of view from other patients. The only information that staff members should be allowed to access is the information they need to do their job. For example, nurses have no need to see the billing information for a patient they are treating, but another employee would need to see the billing information and not their treatment information. To help stay within the guidelines, require passwords to gain access to private information stored on computers and put locks on any cabinets or rooms containing PHI.

It can seem like an extremely daunting task to try to make sense of the HIPAA privacy law. It is a good idea to seek assistance when creating your HIPAA privacy procedures. An excellent source is the HIPAA Software which can help you create a manual that will be tailored to the needs of your specific entity.

Three examples of HIPAA violatons?

Ugh, I unfortunately do this all day….

1) Using or disclosing protected health information (PHI), without the written authorization of the client, to non-HIPAA covered entities. (vs. consent, don’t confuse authorization with consent).

2) Refusing to provide a full accounting of uses/disclosures at the request of a client.

3) Conditioning treatment on authoriztion (vs. consent, where a HIPAA covered entity may condition treatment).

12 of 16 – How regulations can bring in a difference — example of HIPAA.MP4

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