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Health Insurance Portability and Accountability Act (HIPAA)
The Health Insurance Portability and Accountability Act, better known as HIPAA, was a federal law enacted by Congress and President Bill Clinton in 1996. The first piece of HIPAA ensures that workers and their families receive health insurance coverage if they change or lose their jobs. The second part requires the establishment of national standards for electronic health care transactions and national identifiers for all healthcare professionals and providers.
651 Questions
False
What is the max fine for HIPPA violation?
C2.5.5.2. There are criminal penalties, including fines of up to $50,000 and
imprisonment for up to 1 year, for the wrongful disclosure by any person of individually identifiable health information.
What is The minimum necessary standard for HIPPA is?
An organization should limit the use or disclosure of PHI to the minimum necessary to accomplish the intended purpose. Get a complete insight into minimum necessary standard by going through our eLearning modules on different HIPAA topics with HIPAAInstitute.com.
In healthcare, patients often assume that everything they say is confidential and can never be shared. That is untrue. There are numerous situations in which all health care providers are mandatory reporters under State and Federal laws.
Examples that would require mandatory reporting are:
- An 80-yr-old woman tells her home health aide that the elderly woman's middle aged daughter claimed her husband is abusing their teenage daughter.
- An 83-yr old man tells his home health aide that he gave the other home health aide $1,000. last month.
- A 53-yr old woman hospitalized for broken ribs confides to the nurse that the woman is being beaten by her husband.
- A teenager reports that she stays home from school several times a month to take care of her 3 younger siblings while her mother calls the teen in "sick" to the school.
- A 34-yr old man lost his job, has chronic health problems, and admitted after a traffic accident that he wished he had died; the police forced him to go to the E.R. for a mandatory psych evaluation and 72-hour hold.
- A 40-yr old woman tells her doctor a "secret"-- her infant daughter did not die of S.I.D.S. 3 yrs ago. The doctor calls the police.
- A man tells that he stole his daughter-in-law's oxycontin and sold them. He is reported to the police and the DEA.
- These are not all the types of situations that could be reported.
What determines if and when minors may act on their own behalf for HIPAA?
This is determined by various state laws. There is not a hard and fast rule about this because each case is so different and has such different specifications.
Where can you get HIPAA questions answered?
The primary governing body for HIPAA is the U.S. Dept. of Health and Human Services (DHHS), Office of Civil Rights (OCR). Ref: http://www.dhhs.gov/ocr/hipaa/ [[User:Cjonb|Cjonb]] 02:18, 26 May 2008 (UTC)
As required by law, for donations and related to public health activities are permissible disclosures under the HIPAA privacy rule and dod 6025.18-r.
HIPAA, Terms of the HIPAA privacy rule do not per se preempt the laws, rules, or regulations of various states, except where the laws, rules, or regulations are contrary to the HIPAA privacy rule. Therefore, the HIPAA privacy rule provides a floor of protection. Where the state laws are more stringent than a standard requirement or implementation specification of the HIPAA privacy rule, the health-care provider must comply with both the federal and state provisions.
true
by law
The HIPAA Notice of Privacy Practices must?
All of the above. Contain the language: THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY; Define how the individuals medical information may be used or disclosed for TPO; and Identify the individuals rights concerning medical information
What is a hipaa compliance and how does it work?
HIPAA compliance is something that all business which deal with any type of healthcare must abide by. It means that people in the business cannot share health information of their clients with anybody.
Where do you go to file a congressional complaint?
I have sent numerous emails and made several phone calls trying to get an assignment at Ft Sill but no one wants to work with me. I have been deployed 3 time and all 3 times with the 4ID. I have been at Ft. Hood for 10 years and in the 4ID for 9 years. I am just asking for help. I have all the emails that I sent out to try to get a new assignment so any help I can get would be greatly appreciated.
FALSE
HIPPA is the law written by OSHA that makes it illegal for your personal information to be given out to anyone else. The exception is that parents of underage children can get their child's information, and caregivers who have legal power of attorney can get the information of the incapacitated person. This law was written to prevent anyone from getting your private records. People who have access to your private information could steal your identity or use the information against you. One example from my pharmacy: before HIPPA, we had a husband who called and got a list of his wife's medications, and then used that information in a divorce case to try to prove she was mentally ill because she took antidepressant medicine. Cases like that are why the law was written. ------ HIPAA (Health Insurance Portability and Accountability Act of 1996, aka the Kennedy Kausebaum Act), was enacted in 1996 (ovbviously :} ), to make sure that people changing jobs could continue their insurance in a new job without loss of coverage or significant interruption. Later, Senators T. Kennedy and Kausebaum added the Administrative Simplification Section that, among other things: * Guarded "Protected Health Informationt (or PHI)" from illegal disclosure. * Allowed the patient (in most cases) to review their own medical record. * Allowed the patient to apply for corrections to the medical record. * Set criminal penalties in place for illegal disclosure of PHI. OSHA had no part in HIPAA -- still doesn't. The list of who can obtain PHI legally is actually quite long, but it;s a vast improvement over what existed (or didn't) before. Most Americans (when polled) thought there was a "Doctor/Patient Privilege", parallel to the "Attorney/Client Privilege", that protected whatever they told their doctor. At the Federal level, there was no such thing, and information could be freely and legally passed around. Now, for the most part, the patient has a lot more control. PHI can be shared without patient permisison by Covered Entities (CE's) who: * Are healthcare providers ("Providers), who are actively caring for the patient in question -- i.e for purposes of healthcare. * Limited PHI can be exchanged with Payers insurance companies and the like) in order to obtain payment. * Limited PHI can be exchanged in order to conduct CE Operations (database backup, audits, peer review, etc.) While other situations exist where PHI can be distributed, these are the main ones, at least conceptually. Anecdotally (but still documented), there was on straw-that-broke-the-camel's-back situation that caused HIPAA's AdminSimp section to be created. There was a small town with a hospital and a bank. The bank CEO was sort of a medical groupie and contributed a lot of money to the hospital. As a courtest, he was allowed to walk rounds with the doctors, attend M&M conferences, and was allowed free access to the patient record. And one day he got a splendid idea: He ran the list of all the cancer patients the hospital was servicing, and cross-referenced it with his list of mortgages he held. Then he foreclosed on the cancer patients who were short on funds, might now live long, and couldn't fight the foreclosure. He made a fortune. And at the time it was legal. The gentleman who wrote the first answer was wrong about OSHA, but was all too correct about scenarios like the one he so clearly described in his description of classic abuse of patient confidentiality. Reason enough to pass that bill? :}
How often do you sign a HIPAA form?
Typically one form per Covered Entity (CE) will get you your records. So one for each doctor or hospital, one form for the insurance company, etc. Actually, there is no legal requirement that any forms need to be filled out. HIPAA allows CE's to require the request to be in writing, but that's up to them. The form has to be easy to fill out, you don't have to say why you want the info, etc. The CE's Notice of Privacy Practices (NPP), which must be given to you by the CE under the law, will detail the procedure. You can also make up your own form. It would need to identify who you are, likely using whatever method the CE used to identify you (how else will they know who they're talking about), and should say something like you request to review (or obtain copies of) the entire Designanted Record Set as defined under HIPAA.
What is TPO and why is it correct under HIPPA?
(1) Treatment (T): This encompasses all care provided to a patient by a health care provider
(2) Payment (P): This is all data for collected for billings and collections received or pending collection outcome
(3) Operations (O): Anything that has to do with business activities such teaching and training of health care professionals
What is meant by personally identifiable information?
Social security number, Home telephone number, and Birth date.
What three types of covered entities are specified in the HIPAA privacy rule?
In the rule, there are: * Providers -- givers of healthcare. * Payers -- often insurance companies * Clearing houses or repricers -- computerized operations that converted prices. Since then, Medicare has announced that, while not covered by HIPAA, they will adopt the HIPAA tenets and treat themselves as a covered entity.
If a covered entity is not complying with HIPAA who can they file a complaint with?
At this time (May, 2008), complaints regarding privacy violations as covered under HIPAA are controlled and administered by the federal Dept. of Health and Human Services, Office of Civil Rights, who is empowered to act on the alleged violation themselves or refer the matter to the Dept. of Justice. As this law is relatively new, and very little case law has developed at this time, the best way to file a complaint is to review the DHHS/OCR complaint page at http://www.hhs.gov/ocr/privacy/howtofile.htm
When did congress adopt HIPAA?
HIPAA, aka the Kausebaum Kennedy Act of 1996, was implemented in 1996. Since then, various sections of the act have been made dormant until the community has had time to complete compliance efforts. The last major deadline met was in 2003. Other deadlines exist and in fact it's likely not all will be met (for instance, Patient Identification Number has met with considerable resistance, and likely will not be implemented under HIPAA).
