Every day in the healthcare industry professional are reminded of HIPAA (Health Insurance Portability and Accountability Act of 1996) and the important role it plays in daily task. Every patient is protected under HIPAA there really is never an time that HIPAA does not apply to health information. The expectation to protecting private health information under HIPAA is within the school districts in the communities. The school districts records that contain students private health information does not fall under HIPAA regulations. That information actually is covered under the FERPA (Family Education Rights and Privacy Act). This is a cause of a privacy concern for students K-12 private health information contained in the students record.
Health Insurance Portability and Accountability Act of 1996 HIPAA law is for the protection of patient’s private health information. All covered entities must abide by HIPAA regulations in regards to all protect health information. HIPAA out line privacy and security rules in regards to the use and disclosure of all health information. This helps prevent abuse of protected information and allows patients to understand a covered entities responsibility to protect the information that is within the medical record. HIPAA was enacted in 1996 and has been followed by all covered entities since.
Privacy Rule
Covered entities that are required to follow the privacy rule are health care plans, health care providers, and health care clearing
US Congress created the Hipaa bill in 1996 because of public concern of how their private information was being used. It is the Health Insurance Portability and Accountability Act, which Congress created to protect confidentiality, privacy and security of patient information. It was also for health care documents to be passed electronically. Hipaa is a privacy rule, which gives patients control over their health information. Patients have to give permission any healthcare provider can disclose any information placed in the individual’s medical records. It helps limit protected health information (PHI) to minimize the chance of inappropriate disclosure. It establishes national-level standards that healthcare providers must comply with and strictly investigates compliance related issues while holding violators to civil or criminal penalties if they violate the privacy of a person’s PHI. Hipaa also has boundaries for using and disclosing health records by covered entities; a healthcare provider, health plan, and healthcare clearinghouse. It also supports the cause of disclosing PHI without a person’s consent for individual healthcare needs, public benefit and national interests. The portability part of Hipaa guarantees patients health insurance to employees after losing a job, making sure health insurance providers can’t discriminate against people because of health status or pre-existing condition, and keeps their files safe while being sent electronically. The Privacy
Patients are also entitled to receive notice on how their health information is shared by health care covered entities, and are entitled to request a report once a year, free of charge, detailing who has received copies of their health information. Another aspect of the privacy rules provides patients with the right to choose who may receive health care information. Patients should be aware, however, that the provider does not have to agree to abide by their requests. Patients may determine whether or not their private health information may be shared with family members or others. Patients may also choose where they receive their health information. They could choose to receive their information via telephone, cell phone, e-mail, or any other reasonable means of contact. HIPAA also requires that covered entities provide their policies to patients that include information on how a patient might be able to file a complaint with either the covered entity or with the U.S. Department of Health and Human Services (U.S. Department of Health and Human Services, n.d.).
The primary goal of the Privacy Rule is to protect the individual’s health information from improper use and at the same time allowing the transfer of health information that will deliver and stimulate high quality health care. The Privacy Rule, affect health plans, health care clearinghouses, as well as health care provider who provide health information in electronic method in association with transactions for which the Secretary of HHS has adopted standards under HIPAA (HHS.gov, 2008).
The main goal of HIPAA is to protect unauthorized access and misuse of confidential health information. It allows for the safe storage of any health facts used, collected, transmitted or maintained by any health organization. It states that all health information about a particular client is completely confidential, regardless of what the format is and whether it is transmitted, maintained or collected. Protected information is that health information that already identifies the patient or could be used in order to identify the patient; it also relates to any of the patient’s past, present or future health conditions, any treatment the patient receives and any payment the patient makes toward their care.
All healthcare providers, health organizations, and government health plans that use, store, maintain, or transmit patient health care information are required to comply with the privacy regulations of the HIPAA
Data Protection Act: Patient information has to be kept private. Health care professionals and their affiltes must not allow unauthorised access to sensitive patient information. The Health information portability and accountability act of 1996, also known as HIPAA, contains a clause designed to protect patient privacy. The rules ensure that health care professionals take prudent steps to protect the confidentiality of communications with individual patients. Patients can also request that health care professionals correct may inaccurate person health information in their records.
HIPAA is governed by 2 entities, the Privacy Rule and the Security Rule. These two rules dictates to outline what the Health and Human Services (HHS) requires to handle Protected Health Information (PHI) in all forms. The Office of Civil Rights (OCR) enforces HIPAA and can leverage
The Health Insurance Portability and Accountability Act (HIPAA) was created to protect the personal and medical information of a patient obtaining medical treatment. HIPAA came into effect in 1996 and it was signed into law by President Bill Clinton, after approval by congress. The HIPAA covers personal information such as name, date of birth, address, etc. Results of tests, diagnosis and treatments for ailments are also covered under HIPAA. A persons protected health information can be divulged if express permission is given by the person that the protected information pertains to. There are exceptions for permission to divulge information which can include an investigation of a crime, suspected cases of child abuse or other law enforcement purposes as required by law. Protected health information (PHI) can be disclosed in aiding treatment or payment for a service. Title II of the health insurance portability and accountability (HIPAA) establishes the rules of compliance for electronic processing of transmissions, disclosure of PHI ( Protected Health Information), or the
HIPAA, (Health Insurance and Portability Act of 1996) outlines rules and regulations and the rights of patients to access their healthcare information such as notifications of privacy practices, copying and viewing medical records, and amendments. This paper explains why confidentiality is important today and discusses recourses patients can use if they believe their privacy has been violated. This paper will also discuss criminal and civil penalties’ that can occur for breaking HIPAA privacy rules.
The Department of Health and Human Services, HHS, issued the Privacy Rule to HIPAA to address the disclosure and use of a person’s health information. A branch within HHS called the Office of Civil Rights, OCR, is responsible for enforcing and implementing the privacy rule. The Privacy Rule’s main goal is to assure health information is properly protected, while allowing information to be provided and give out high quality health care. This rule is designed to be comprehensive and flexible in order to cover uses and
What does the HIPAA Privacy Rule require the average provider or health plan to do? It is a requirement under the HIPAA Privacy Rule that each patient knows their privacy rights and how their medical information can be used. The Rule also includes that each facility has adequate training for its employees. The securing of patient records containing identifiable information so that only authorized personnel can access them
According to HHs.gov (n.d.), “the HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically”.
It is pertinent that all adult children (not just college students) complete the HIPAA authorization form. Named for the Health Insurance Portability and Accountability Act (HIPAA), this form authorizes medical care providers to release and share the student’s general medical information (such as diagnoses, medications, and test results) to the parents (or other designated individuals). Without it, health providers are legally prohibited from sharing
Release or not to release is the question in today’s healthcare? Being a patient, and going to a doctor’s appointment has really changed versus how it was years ago. Most of us as patients know that we have a right to our own health information, but how is this beneficial to us as patients and healthcare providers? As healthcare is increasingly becoming complex what are ways to enforce these policies and rules? HIPAA rules and standards will need to be the same in each state so there is interoperability the proper way, but will we be able to really accomplish this? This paper will discuss these aspects and ways to overcome these obstacles that are occurring.
3.) Under HIPAA, covered entities (healthcare providers, health plans and healthcare clearinghouse) must comply with the privacy rules. A covered entity may develop its own privacy rules that would accommodate its own needs of protected health information (PHI) management but it most comply with the HIPAA guidelines. It is the responsibility of the entity to put in place a privacy official to oversee the policies, procedures and be on hand and available to be contacted in reference to the privacy rule. A patient should be given a privacy notice act at his/her health facility stating how their (PHI) is being used and to whom it will be shared. The covered entity should include in the notice their duty to assure the patients privacy as well as how and whom to contact if there is a complaint or they feel that their rights have been violated. As of 2009 the Office of Civil Rights (OCR) handles complaints that are made on privacy policies, procedure and practices of HIPAA covered entities.