HIPAA / pt rights / OSHA Flashcards
(47 cards)
What is HIPAA?
- The health Insurance Portability and Accountability Act of 1996
- National standards for the protection of health information
- Went into effect in 2002
Who is the governing body of HIPAA
Department of Health and Human Services (HHS)
HIPPA Omnibus Rule
- Extends HIPAA to cover second and third party
businesses - Effective March 26, 2013
Who is Bound by HIPAA?
- Health care providers:
- A health plan
- A healthcare clearinghouse
are office staff, students, volunteers bound by HIPAA?
yes
Should PTAs refer all requests for patient
information to the supervising PT
YES
Are billing companies and Answering services bound by HIPAA?
yes
What Type of Information is Protected under HIPAA?
- Protected Health Information (PHI)
- Any identifiable health info transmitted orally, electronically or written
- Any form that is created or received by the health care provider regarding past, current or future health information
Examples of PHI:
○ Social security numbers
○ Health information
○ Billing information
○ Address
○ Diagnosis
○ Medical notes
Complying with HIPAA:
- Avoid discussing patients in public
- Utilize only the “minimum necessary”
- Keep it “locked up”
- Locked file cabinets
- Password protected computers
- Paperwork within view of others face dow when not in use
Releasing Patient Information must be authorized by
patient in writing
Can you disclose PHI to family member if “it is reasonable to infer from the circumstances that the patient does not object to the disclosure”
yes
True or false:
No authorization required from patient to release PHI if information is sent to Department of Health and Human Services
true
No authorization required from patient to release PHI if information is sent to involved victims of abuse
true
True or false:
No authorization required from patient to release PHI if information is required for legal proceedings, law enforcement
true
Mandated Reporting
- Child Abuse
- Domestic Violence
How long must records be kept in NY State Law
- six years from the date of the patient’s last visit.
- 6 years after child turns 21
True or false:
pt has the right to amend or correct records
true
true or false:
pt has right to request a copy of documents
Failure to Comply with HIPAA is enforced by:
- Department of Health and Human Services
- Office of Civil Rights
Civil Offense fine is how much $$$?
○ Inadvertent
○ Personal gain was not intended
○ Fine starting at $100
Criminal Offense fine if information is sold, used for personal gain or malicious harm:
- Knowledgeable violation:
- $50,000 fine, 1 year imprisonment
- $250,000 and 10 years if information is sold, used for personal gain or malicious harm
The patient has a right to…
- Safety of the equipment and provision of services
- Refusal of services
- Right to considerate and respectful care
- Information on how to resolve a complaint
What if the patient can’t exercise their rights?
Advanced Directives:
- Health care proxy: friend or family member
- Living will
- Do Not Resuscitate (DNR)
