PRIVACY AND HIPAATHE RIGHT THING TO DO

WHAT’S WRONG WITH THIS PICTURE?

? “Did you hear that Jane from the 5th floor is in the hospital?”

“No!! Let’s look in her chart and see what she had done!”

HOW ABOUT THIS CONVERSATION?

“I heard that my brother had some lab tests done, so I looked in his chart to see the results.

AND GUESS WHAT!!!???”

ESTABLISHES A SET OF STANDARDS FOR THE PROTECTION OF CERTAIN HEALTH INFORMATION

ISSUED BY HHS AS A REQUIREMENT OF HIPAA

ADDRESSES THE USE AND DISCLOSURE OF INDIVIDUAL’S HEALTH INFORMATION

Standards for Privacy of Individually Identifiable Health Information (Privacy Rule)

MAJOR GOALS OF THE PRIVACY RULE

Assure that an individual’s health information is protected

Still allows the flow of health information

Promotes high quality health care

Protects the public’s health and well being

INDIVIDUAL ‘S PAST, PRESENT OR FUTURE PHYSICAL OR MENTAL HEALTH OR CONDITION

PROVISION OF HEALTH CARE TO THE INDIVIDUAL

THE PAST, PRESENT OR FUTURE PAYMENT FOR THE HEALTH CARETO THE INDIVIDUAL

INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION INCLUDING:NAME, ADDRESS, DOB, SSN

PROTECTED HEALTH INFORMATION (PHI)

THE HIPAA PRIVACY RULE ESTABLISHES NATIONAL STANDARDS TO PROTECT INDIVIDUALS’ MEDICAL RECORDS

APPLIES TO HEALTH PLANS, HEALTH CARE CLEARINGHOUSES, AND HEALTH CARE PROVIDERS THAT CONDUCT TRANSACTIONS ELECTRONICALLY

FAILURE TO COMPLY MAY BE SUBJECT TO CIVIL MONITARY PENALTIES AND/OR CRIMINAL PROSECUTION 

COMPLIANCE

KNOWINGLY OBTAINS OR DISCLOSES INFORMATION--UP TO $50,000 / 1 YEAR IMPRISONMENT

IF VIOLATION INVOLVES FALSE PRETENSES--UP TO $100,000 / 5 YEARS IMPRISONMENT

INTENT TO SELL, TRANSFER OR USE INFORMATION--UP TO $250,000 / 10 YEARS IMPRISONMENT

CRIMINAL PENALTIES FOR COVERED

ENTITIES AND/OR INDIVIDUALS

IN CONCLUSIONHIPAA’S PRIVACY RULE HAS CREATED A WAY FOR A PATIENT’S HEALTH CARE INFORMATION TO BE PROTECTED BY LAW.

QUESTIONS?