The Health Insurance Portability and Accountability Act of 1996
(HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient's consent or knowledge.
Who does HIPAA laws apply to?
In this respect, HIPAA applies to the
majority of workers, most health insurance providers
, and employers who sponsor or co-sponsor employee health insurance plans. However, HIPAA consists of four further titles covering topics from medical liability reform to taxes on expatriates who give up U.S. citizenship.
What is HIPAA Privacy Act?
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.
What are the 3 rules of HIPAA?
- The Privacy Rule.
- Thee Security Rule.
- The Breach Notification Rule.
What do HIPAA laws cover?
The Privacy Rule protects
all “individually identifiable health information” held or transmitted by
a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule calls this information “protected health information (PHI).”
What personal information is protected by the Privacy Act?
The Privacy Act of 1974, as amended to present (5 U.S.C. 552a), Protects records about
individuals retrieved by personal identifiers such as a name, social security number, or other identifying number or symbol
.
Does HIPAA apply to everyone?
HIPAA does not protect all health information. Nor does it apply to every person who may see or use health information.
HIPAA only applies to covered entities and their business associates
. There are three types of covered entities under HIPAA.
Who is not required to follow the law of HIPAA?
Examples of organizations that do not have to follow the Privacy and Security Rules include:
Life insurers
.
Employers
.
Workers compensation carriers
.
Can a family member violate HIPAA?
Answer:
Yes
. The HIPAA Privacy Rule at 45 CFR 164.510(b) specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other persons identified by a patient, in the patient's care or payment for health care.
- Specific and meaningful information, including a description, of the information that will be used or disclosed.
- The name (or other specific identification) of the person or class of persons authorized to make the requested use or disclosure.
What are the two major rules of HIPAA?
- Ensure the confidentiality, integrity, and availability of all e-PHI they create, receive, maintain or transmit;
- Identify and protect against reasonably anticipated threats to the security or integrity of the information;
- Protect against reasonably anticipated, impermissible uses or disclosures; and.
How many rules does HIPAA have?
The HIPAA Laws and Regulations are
five
specific rules that your entire team should be aware of.
What are some common HIPAA violations?
- Stolen/lost laptop.
- Stolen/lost smart phone.
- Stolen/lost USB device.
- Malware incident.
- Ransomware attack.
- Hacking.
- Business associate breach.
- EHR breach.
Ask for consent to share information unless there is a compelling reason for not doing so.
Information can be shared without consent if it is justified in the public interest or required by law
. Do not delay disclosing information to obtain consent if that might put children or young people at risk of significant harm.
What is not protected under the Privacy Act?
Under the Privacy Act's disclosure provision, agencies generally are
prohibited from disclosing records by any means of communication
– written, oral, electronic, or mechanical – without the written consent of the individual, subject to twelve exceptions.
What is a Privacy Act violation?
The Privacy Act allows for criminal penalties in limited circumstances. An agency official who improperly discloses records with individually identifiable information or who maintains records without proper notice, is guilty of
a misdemeanor and subject to a fine of up to $5,000
, if the official acts willfully.
