HIPAA

HIP HIP AH.....

100

Name 3 action steps we can take to keep our resident's health information confidential.

1. Make sure papers, documents, and reports containing resident information are shredded or put in the shred bins to be shredded. 2. If fax and copy machines are used to send or copy patient information, make sure they are located away from public areas. 3. Always consider where you are when talking about confidential information. 4. Whether you are talking to a resident/family or with coworkers, try to keep your conversations from being overheard. 5. Don't assume the person with the resident knows all the information. 6. Be cautious when using the phone and talking about resident information. 7. Keep records safe and protected regardless of where they are kept.

200

Two components of the HIPPA regulation.

What is the Privacy Rule and Security Standard?

300

Define the term "Business Associate"

What is a person or entity who provides certain functions, activities, involving the use and/or disclosure of protected health information, other than a member of our workforce.

400

During what presidential administration was the HIPAA standards enacted?

What is the Clinton adminstration. 1996

TRUE OR FALSE

100

Obtained before releasing Protected Health Information for purposes other than treatment, payment, and operations.

What is a written patient authorization.

400

Name at least 2 circumstances under which protected health information may be disclosed without a client's consent or authorization.

1. disclosures required by law 2. permitted disclosures for public health activities (such as reporting diseases, collecting vital statistics, etc.) 3. disclosure about victims of abuse, neglect or domestic violence 4. disclosures for judicial or administrative proceedings 5. disclosure for law enforcement purposes 6. use and disclosure for research purposes 7. disclosures to avert a serious threat to health or safety 8. for the purpose of treatment, payment or operations

500

"Minimum necessary HIPAA rule"

What is information that cannot be shared if you do not need the information to do your job.

ABBREVIATIONS

100

PHI

WHAT IS PROTECTED HEALTH INFORMATION?

200

HIPAA

WHAT IS HEALTH INSURANCE PORTABLILITY AND ACCOUNTABILITY?

300

CE

WHAT IS A COVERED ENTITY?

400

BA

WHAT IS A BUSINESS ASSOCIATE?

500

OCR

WHAT IS THE OFFICE OF CIVIL RIGHTS?

VIOLATIONS AND PENALTIES

100

What do the Privacy Regulations seek to do?

The privacy regulation establish that personal health information must be kept confidential.

200

Protected health information includes information about...

1. a person's health, health care, or payment of health care (the term "health" includes mental health and behavioral health issues) 2. information that identifies a person 3. services created or received by a covered health care plan or provider.

300

Do the same requirements apply to mental health records and to medical records?

In general, yes; however, - "Psychotherapy notes" are accorded special privacy protections under this regulation. Ordinarily, a written client consent is required before psychotherapy notes can be disclosed to anyone. - A health plan may not condition a client's enrollment or eligibility on the provision of the client's authorization or consent for disclosure of psychotherapy notes. - Psychotherapy notes are excluded from the provision that gives clients the right to see and copy their health information.

400

Name 2 circumstances when psychotherapy notes may be disclosed without consent or authorization:

1. When needed to defend a lawsuit against the therapist by the individual who is the subject of the notes. 2. To HHS when required for enforcement of the privacy rule. 3. When required by law 4. When needed for oversight of the provider who created the notes. 5. To a coroner or medical examiner 6. When needed to avert a serious and inminent threat to health or safety.

500

Notice of Privacy Practices: Name 2 of the 5 rights individuals have within the Privacy Rule.

1. What is the Right to receive a “Notice of Privacy Practices” 2. Right to authorize any use or disclosure of protected health information 3. Right to restrict use or disclosure of protected health information 4. Right to an accounting of disclosure of protected health information 5. Right to inspect, copy and request amendments to protected health information

More Q & A

100

Does your supervisor have access to review your entire personnel file?

No. There would be no need for your supervisor to have access to your health information to do their job.

200

Do all clients have to take a "Notice of our Privacy Practices?"

No. We must offer it to everyone one time. If they refuse it, simply document the attempt to give it to them.

300

Can we fax PHI?

Yes, if standard precautions are taken to ensure reasonable security of the transmitted data.

400

Can I share a patients PHI with their insurance company?

Yes. This is considered part of treatment, payment or health care operation and does not require the patient's authorization. Only the minimum information is shared.

500

Can we discuss a client's PHI with other providers involved in their care or other provider to whom we are referring them?

Yes. This is part of treatment and does not require authorization.