HIPAA MOA

As workforce members, it is important for us to understand the purpose of HIPAA. Furthermore, we should be able to explain the purpose of this legislation to patients. In this training HIPAA has been described as:

A catapult for change in America Health Care. Federal Legislation focused on healthcare reform. A complex and far reaching set of healthcare regulatory requirements.

Administrative Law Judge

A federal official who may be requested by a covered entity to preside over a trial-type hearing and make decisions to resolve disputes

Work Force Member

A healthcare employee, volunteer, student, or trainee; responsible for protecting patient's health information

Under the Privacy Rule, , may be imposed for violations of patient confidentiality.

penalties

The act of accessing any health information by a workforce member for the purpose of performing a task within a healthcare organization is referred to as

use.

Covered Entity

Any provider, health plan, or clearinghouse to which the Privacy Rule applies

Workforce members should be aware of the greatest areas of noncompliance risk and focus their attention on these areas. According to the Office of Civil Rights, the most frequently reported violation of the Privacy Rule is:

Impermissible uses and disclosures of the PHI (Protected Health Information).

As workforce members, we must be aware that under the Privacy Rule access to medical records:

Is not restricted other then psychotherapy.

It is essential that workforce members understand that the Privacy Rule applies:

Paper, oral, and electronically

If a medical practice denies an individual's request for medical records, the medical practice must provide the individual with a statement of his or her review rights and a explanation of how to complain to the Secretary of the U.S. Department of Health and Human Services.

True

Business Associate

An organization or person who provides services to a healthcare organization and requires protected health information to carry out that function or activity

Monies collected under penalties imposed under the Privacy Rule are deposited by the, , not disbursed to the complainant.

U.S. Treasury

The release, transfer, or sharing of health information with another individual or entity outside the healthcare organization holding this information is referred to as

disclosure.

Under the Privacy Rule, a written authorization must be obtained when the release of information is not related to

treatment, payment, and administrative operations.

When you are entering the workforce of a healthcare organization, what is the best method of strengthening your knowledge of the Privacy Rule and how the organization experts you to protect the privacy of its patients?

Adding to knowledge, reading updates, focus on risks areas identified by OCR. Commit to continuous improvement.

As workforce members we must understand that if an incident of noncompliance with the Privacy Rule is not resolved by the covered entity (CE) in a satisfactory manner, the Office of Civil Rights (OCR) may:

Impose a civil monetary penalty.

In determining what constitutes a reasonable safeguard for the protection of patient privacy, we should assess the risk without consideration of patient care.

False

If you have made your best effort to obtain a patient's signature verifying that he or she has received the Notice of Privacy Practices but the patient has refused to sign, you are required to document the reason that you were not able to obtain the signature.

True

The Office of Civil Rights (OCR), committed to strong enforcement of the Privacy Rule to protect patients' rights, has imposed penalties on covered entities (CEs) that have violated those rights as a means of encouraging other CEs to examine and improve their privacy protections.

True

The Privacy Rule requires that all covered entities (CEs) have and apply appropriate sanctions against those workforce members who fail to comply with the rule.

True

Workforce members should be aware that under Privacy Rule an individual has the right to request copies of his or her health records. The provider may deny the patient access:

Under limited circumstances must be communicated in writing.

Under the Privacy Rule, , guidelines restrict the amount of health information that may be used or disclosed to that needed to accomplish the purpose in question.

minimum necessary

A, , is an order of the court that prohibits parties from using protected health information (PHI) for any purpose other than litigation or proceedings for which the PHI has been requested.

qualitive protected order

Under the Privacy Rule, workforce members are expected to take, ,steps to safeguard protected health information

reasonable

The Privacy Rule prohibits acts of revenge, known as, , against any person filing a complaint about a privacy violation.

retaliation

Law Enforcement

Officers of the federal, state, or local government who have legal authority to investigate violations of the law

When protected health information (PHI) is being used or disclosed for reasons other that treatment, payment, or healthcare operations, the authorization for the release of the PHI must be

valid.

Individual

The person who is seeking medical care; the person whose information we are protecting

On detecting a Privacy Rule violation, the U.S. Department of Health and Human Services (DHHS) will exercise discretion to consider not only what harm has been done but also the willingness of the covered entity (CE) to achieve voluntary compliance.

True

Viewing your own medical records in the healthcare organization you work for may be considered a violation of the organization's policy on access to medical records.

True

Under the Privacy Rule, the covered entity (CE) is obligated to implement, maintain, and provide workforce members with, , to make clear the CE's expectations and assist in protecting the privacy of its patients.

policy and procedures

Under the Privacy Rule, the covered entity is required to appoint a, , who will be responsible for various aspects of the rule, including assistance to workforce members in maintaining compliance.

privacy official

Any piece of information that identifies or could be used to identify a specific individual is referred to in the healthcare setting as

Any piece of information that identifies or could be used to identify a specific individual is referred to in the healthcare setting as PHI (Protected Health Information).

To ensure compliance with the Privacy Rule, the workforce member should:

Continue adding to his or hers knowledge, focus on risk areas, and commit to continuous improvements.

If a business associate violates the privacy of a individual, it is not necessary for the covered entity (CE) to investigate or act upon knowledge of the violation.

False

To meet the requirements of the Privacy Rule, it is not necessary to hand a copy of the Notice of Privacy Practices to the individual if it has already been posted in the waiting room.

False

When state laws regarding the protection of medical records are stricter than the federal Privacy Rule, the workforce member must follow the federal rule.

False

Workforce members should understand that the Privacy Rule:

Has reasonable efforts to be made to eliminate incidental use of disclosure.

Unnecessary use or disclosure of health information that could have been reasonably prevented is referred to as

Impermissible.

Office of Civil Rights

The government agency that accepts and investigates complaints related to the Privacy Rule

Many healthcare organizations are adopting, , policies in regard to workforce members who violate the organization's privacy policies.

a zero tolerance

Under the Privacy Rule, the patient has the right to request, , or obtain copies of his or her health records.

access to

Under the Privacy Rule, the covered entity must provide the individual with a, , on his or her first date of service which outlines the patient's rights under the rule.

accounting

Under the Privacy Rule, the patient has the right to request communication by

alterative means.

Under the Privacy Rule, a covered entity is required to put forth its, , to obtain an individual's signature indicating receipt of the Notice of Privacy Practices.

best effort

Workforce members must stay informed of enforcement activities related to the Privacy Rule. Information on these activities may be found:

On the website, Office of Civil Rights (OCR).

Department of Justice

The government agency that investigates the most serious violations of the Privacy Rule