HIPAA
Compliance and Enforcement
Covered entities and business associates are now liable for the activities of their agents, regardless of their own compliance
What does HIPAA stand for
H=health I=insurance P=portability A=accountability A=act
Who is affected by HIPAA
Law applies directly to 3 groups 1. Health care providers 2. Health plans 3. Health care clearinghouses
Health Insurance Portability
Means if you want to change your health insurance in any way or change insurance companies, it is easy to do so
Health Insurance Accountability
Means your health information is kept private and secure
The Final Omnibus Rule
Modifies HIPAA regulations concerning privacy, security, enforcement and breach notification
PHI
Protected Health Information
Department of Health and Human Services (HHS)
Responsible for developing and establishing the Privacy Rule standards
Office of Civil Rights (OCR)
Responsible for implementing and enforcing the Privacy Rule
Privacy Rule
Set of national standards for the protection of certain health information
Disclosures related to decedents
The privacy ruling is now limited to 50 YEARS-the decedents information is no longer protected after this time.
Breach
Unauthorized acquisition, access, use, or disclosure of PHI which compromises the security or privacy of such information, except where there is low probability that the PHI has been compromised