Legal Process
The group or person who initiates a civil lawsuit.
What is a plaintiff?
One's agreement to receive medical treatment.
What is consent?
Federal law may supersede state law.
What is preemption?
An unauthorized acquisition, access, use, or disclosure of PHI that compromises the security or privacy of patient information.
What is breach?
The pre-trial process and a time period in which parties to a lawsuit use various strategies to discover or obtain information about a case.
What is discovery?
A special type of consent that communicates an individual's wishes to be treated, or not, should the individual become unable to communicate on his or her own behalf.
What is advanced directive?
Provided significant funding for health information technology and other economic stimulus funding, and it also made important changes to the HIPAA Privacy and Security Rules.
What is American Recovery and Reinvestment Act (ARRA)?
Federal agency that promotes consumer protection.
What is Federal Trade Commission (FTC)?
Obtains the parties' and other witnesses' out-of-court testimony under oath.
What is deposition?
Specifies an individual's wish not to receive treatment (specifically, CPR).
What is do-not-resuscitate (DNR) order?
Requires that uses, disclosures, and requests be limited to only the amount needed to accomplish an intended purpose.
What is minimum necessary standard?
Requirement that specify victims of breaches be notified and, depending on the number of individuals affected, the federal government and media outlets also be notified.
What is breach notification?
The act of destroying, changing, or hiding evidence intentionally.
What is spoliation?
An individual, while still competent, designates another person (proxy) to make healthcare decisions consistent with the individual's wishes on his or her behalf.
What is durable power of attorney?
Allows an individual to inspect and obtain a copy of his or her own PHI contained within a designated record set, such as a health record.
What is right of access?
HIPAA concept where PHI has not been made unusable.
What is unsecured PHI?
An out-of-court statement used to prove the truth of a matter, and it is inherently deemed untrustworthy because the maker of the statement was not cross-examined at the time the statement was made.
What is hearsay?
Executed by a competent adult, expressing the individual's wishes regarding treatment should the individual become afflicted with certain conditions and no longer be able to communicate on his or her own behalf.
What is living will?
Does not identify an individual because personal characteristics have been stripped from it in such a way that it cannot be later constituted or combined to reidentify an individual.
What is deidentified information?
Days that all individuals whose information has been breached must be notified without unreasonable delay.
What is no more than 60 days?