The HIPAA Privacy Rule

Submitted by Paula Howard, CHUC, of Dallas, Texas

 

OBJECTIVE:  Learn facts about the HIPAA Privacy Rule and safeguarding protected health information (PHI) in the HUC workplace

 

HIPAA is the abbreviation for The Health Insurance Portability and Accountability Act of 1996, also known as the Kennedy-Kassenbaum Act.  The U.S. Department of Health and Human Services provides federal protection that affects both health care providers and health care consumers.  HIPAA has several parts:

  1. The Privacy Rule
  2. The Security Rule
  3. The Transactions and Code Set Standards

 

The Office for Civil Rights enforces the HIPAA Privacy Rule. The Privacy Rule is a response to public concern over potential abuses of the privacy of health information.  It provides the first national standards for protecting the privacy of individually identifiable health information and the right of a patient regarding this personal information.  Health care providers are required to make reasonable efforts to limit use, disclosure of and requests for PHI to the minimum necessary to accomplish their purpose.  At the same time, this rule is balanced so that it permits the disclosure of personal health information needed for patient care and protecting public health, through outbreak investigations, public health surveillance and terrorism preparedness.

 

The Privacy Rule recognizes that the research community has legitimate needs to use, access, and disclose individually identifiable health information to carry out a wide range of health research protocols and projects.  The Privacy Rule not only protects the privacy of such information when held by a covered entity (an organization that routinely handles PHI in any capacity), but also provides ways in which researchers can access and use the information for research, subject to various conditions.

 

Emergency preparedness and recovery planners may request protected health information to ensure that in an emergency, individuals can receive the assistance or care they need.  In addition, during a severe disaster, those involved in disaster relief efforts may seek PHI to provide persons displaced and in need of health care ready access to services, and the means of contacting family and caregivers.

 

The Privacy Rule:

  • sets boundaries on the use and release of health records
  • establishes appropriate safeguards that the majority of health-care providers and others must
  • achieve to protect the privacy of health information
  • holds violators accountable with civil and criminal penalties that can be imposed if they violate
  • patients’ privacy rights
  • enables patients to make informed choices based on how individual health information may be used
  • allows patients to find out how their information may be used and what disclosures of their information have been made
  • limits release of information to the minimum reasonably needed for the purpose of the disclosure
  • gives patients the right to obtain a copy of their own health records and request corrections

 

Some examples of individually identifiable health information include:

  • Names                                                    
  • Addresses
  • Telephone numbers
  • Birthdates
  • Social Security numbers
  • Medical record numbers
  • Health plan beneficiary numbers
  • URL’s (the address of a web page on the world wide web) or IP addresses
  • Electronic mail addresses
  • Certificate/license numbers

 

The Privacy Rule paves the way for full-scale use of electronic commerce by standardizing electronic transactions and easing the transfer of information between health plans, providers, payers, and the government.  It also provides rigorous safeguards to protect the confidentiality of patient information maintained on electronic devices.

 

Some of the safeguards to control physical access to protected data are:

  • Making certain that access to equipment containing health information is carefully controlled, monitored and limited to properly authorized individuals.
  • Carefully governing the introduction and removal of hardware and software from electronic devices. When equipment is retired it must be disposed of properly to ensure that PHI is not compromised.

 

It is crucial to be aware of our surroundings while completing routine tasks, too.  Even the method used to handle trash can be a HIPAA Privacy Rule violation waiting to happen.

 

As health unit coordinators, we already know many of the Privacy Rule basics—from not discussing patient information in elevators and cafeterias to making sure that computer passwords are kept confidential. Generally, people should only have access to information required to do their jobs.

For the HUC, simply using common sense can make us more conscious of confidentiality by supporting policies and procedures with practice.

 

REFERENCES:

-United States Department of Health and Human Services. Office for Civil Rights—HIPAA. Medical privacy:  national standards to protect the privacy of personal health information [Web site].  Available from: www.hhs.gov/ocr/hipaa.

-Simon Cohn, MD; Robin Dea, MD; Ted Cooper, MD The Permanente Journal**Summer 2003/Vol. 7,  No. 3, “HIPAA:  What’s True, What Isn’t”

-http://www.privacyrights.org/fs/fs8a-hipaa.htm#13          

 

 

e-Learning QUIZ                                          ID #  Web-09-01-10

VALUE: 2 NAHUC CONTACT HOURS

Fee: $5 (U.S. Dollars) for NAHUC members,   $10 (U.S. Dollars) for non-members
Do not send cash. Make check payable to: NAHUC. 
If overpayment is made, refunds will be issued in the form of NAHUC Buck certificates.

Directions:  Print, choose the most correct answer based on the article and mail the completed quiz, self-addressed self-stamped return envelope along with appropriate fee to:

Linda Winslow

2502 Norwood St

Marquette, MI 49855-1240

 

Only quizzes with at least 70% answered correctly will be awarded contact hours.  Please allow up to 6-8 weeks for quizzes to be returned.

 

DEADLINE FOR SUBMISSION OF THIS QUESTIONNAIRE IS AUGUST 31, 2011.

 

Member #: ________ Name:_______________________________________________

 

Phone number: ___________ Email address: ________________________________

 

Instructions:  After reading the article, circle the best answer to the following questions:

 

1. Which of the following is not a part of the HIPAA Privacy Rule?

a. Patients have the right to obtain a copy of their own health record.

b. Patients have the right to make informed choices as to what company may provide their insurance.

c. Patients have the right to decide how individual health information may be used.

d. Patients have the right to request corrections of their personal health information.

 

2. What does the acronym PHI stand for, as used in the Privacy Rule?

a. Private health intervention

b. Personal hygiene instruction

c. Patient health initiative

d. Protected health information

 

3. A HUC can safeguard access to PHI by doing all of the following except:

a. Keeping names, addresses and phone numbers of clients/patients confidential

b. Not discussing patient information in public places

c. Using our knowledge of The Privacy Rule and exercising common sense in the workplace

d. Contacting the U.S. Department of Health and Human Services to report HIPAA violations

 

4. HIPAA is also known as:

a. The Practice of  Associated Health Standards

b. Health Insurance Probability and Accountability Act of 1996

c. The Kennedy-Kassenbaum Act

d. Health Information Protection Act of 1996

 

5. The Privacy Rule is balanced so that it permits disclosure of personal health information for public safety  through all of the following, except:

a. Terrorism preparedness

b. Media attention

c. Outbreak investigations

d. Public health surveillance

 

6. The health unit coordinator can safeguard physical access to PHI by doing all of the following except:

a. Controlling and monitoring access to equipment that contains protected data

b. Governing the removal of hardware and software of electronic devices on the within their department

c. Limiting access to equipment that contains protected data to properly authorized individuals

d. Supervise the removal of paper waste in all patient rooms and within their department

 

7. The HIPAA Privacy Rule is enforced by what government entity:

a. The Drug Enforcement Agency

b. The Center for Disease Control

c. The Office for Civil Rights

d. The Office of Insurance and Coverage

 

8. In a severe disaster, relief workers may seek PHI to provide all of the following except:

a. Needed health care

b. Ready access to services

c. The means of contacting family and caregivers

d. Flood and fire insurance

 

9. Referring to the article, which of the following statements is not true:

a. Individuals who violate patients’ rights may face criminal penalties

b. The disclosure of personal health information needed to protect public health is allowed

c. Patients must pay their deductible in order to find out how their health information has been used

d. Health care providers are required to make reasonable efforts to limit requests for PHI to the minimum

 

10. A covered entity could be which of the following:

a. A health plan

b. A health care clearinghouse (an entity that standardizes health information, e.g. a medical billing service)

c. A health care provider

d. A, B, and C