This document provides an overview of the Health Insurance Portability and Accountability Act (HIPAA). It discusses the objectives of HIPAA, which are to improve portability and continuity of health insurance, prevent healthcare fraud and abuse, and simplify administration of health insurance. It outlines the key areas covered by HIPAA: insurance portability, fraud enforcement, and administrative simplification. The document also discusses HIPAA regulations around protected health information, privacy laws, audits of access to medical records, and penalties for non-compliance.
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HIPPA-Health Insurance Portability and Accountability Act
2. Objective
An Act to improve the Internal portability and continuity of health
insurance coverage in the group and individual markets, to prevent
waste, fraud, and abuse in health insurance and health care delivery,
to promote the use of medical savings accounts, to improve access to
long-term care services and coverage, to simplify the administration
of health insurance, and for other purposes.
HIPPA initiative was taken to regain the public trust in health care so
Health care institutions and providers have worked to make sharing
of medical information easier to help facilitate care and payment.
3. Areas under HIPAA
1. Insurance portability or the ability to move to another employer
and be certain that your insurance will not be denied
2. Fraud enforcement and accountability
3. Administrative simplification
4. Portability
Portability ensures that as people move from one health plan to
another they will have continuity of coverage and will not be denied
coverage under pre-existing clauses.
Accountability
In accordance with HIPAA, accountability means an increase in the
governments fraud enforcement authority.
5. HIPAA Privacy LAW
HIPAA is Federal Law and compliance is mandatory.
Patient information must be protected through conscious effort at all
times no matter where you are!
The ONLY exception is when information is shared in order to provide
care, treatment and payment for services.
6. Consequences of NOT Protecting Patient
Confidentiality
There are both civil and criminal penalties associated with NOT
following the HIPAA guidelines about releasing patient information.
The penalties vary based on if the information was inadvertently or
deliberately released, as well as the type of information released.
Penalties and fines may be up to $250,000 and ten years imprisonment.
7. Electronic Data Exchange and Record
Electronic Data Exchange defines the format of electronic transfers
of information between providers and payers to carry out financial or
administrative activities related to health care.
Information includes coding, billing, and insurance verification.
EHR, EPR (electronic patient record) and EMR (electronic medical
record) all are falling under this category.
8. Protected Health Information (PHI)
Protected Health Information (PHI) is a new term that will be used
with increasing frequency in facilities where you work. PHI includes
information by which the identity of a client can be determined with
reasonable accuracy and speed either directly or by reference to
other publicly available information. The patient now has the right to
direct when, why, and to whom PHI may be released. For instance, in
the past, aggregated patient information may have been collected
for research, quality improvement, or other purposes. Even though
the patients name would be omitted, the patient may still be
identifiable through specific data including date of procedure, type of
procedure, gender, or any number of other details. The new bill allows
patients much more control over PHI.
9. PHI includes items in the record, such as:
Encounter/visit documentation
Lab results
Appointment dates/times
Invoices
Radiology films and reports
Histories and physicals, etc.
10. Using and Sharing Information
Most likely, all the personal information that you use and share in your
daily duties is covered under HIPAA for treatment purposes.These
include:
Discussing diagnosis and treatment with other nurses and
physicians.
Performing diagnostic tests and providing this information to other
providers.
Providing laboratory samples or imaging tests to those who
perform diagnostics on them.
Referring a patient to another provider or facility, and discussing
the treatment and/or diagnosis.
Telephone prescription information to a pharmacy.
11. Requests for Access to Records
Each facility will determine the specific policies but the following will be
routine:
Clear identification that the person requesting the medical record is
either the patient or has the correct authorization to view the
record.
Only the parts of the record included in the authorization can be
viewed.
The patient may request changes to the record and the facility and
parties involved must respond to the request within a preset time
frame. Note that this does not imply that the record must be
changed, only that the patients request has a response.
Clear guidelines exist as to which staff members may have access
to records and for what reasons.
12. Allowed Disclosure
HIPAA allows disclosure of PHI to spouses, parents, legal guardians,
and others involved in a patients care without obtaining the patients
formal, written permission. If you are in a patient room and need to
discuss their care or treatment when others are present, simply ask
the patient if there is any objection.
13. Audit of Computer Access
Audits may be conducted on a regular basis to identify inappropriate
access to medical record information.
Audits may be conducted on all records for patients who are hospital
employees, medical staff, admitted under an alias or recognized as
high profile.
Random samples of records may be audited on a regular basis.
This procedure is outlined in hospital policy and is overseen by the
Privacy Officer.
14. Common glitches
When leaving his/her computer, an employee didnt lock or log off the
computer; another employee then utilized it to look up her own
family members.
Theft (or loss) of a computer, laptop.
A technology-related situation which results in a significant adverse
effect on people, process, technology, facilities
If something like this happens, report the incident to the Privacy
Officer.
15. Current Status of HIPAA
Existing policies effective
The current policies are adequate
Favored by hospitals and patients
Fair and just treatment of patients, medical professions, and criminal
justice personnel
Still in need of implementation in some departments
16. HIPAA and INDIA
There is no act like HIPAA has been enacted in India due to lack of
intervention of IT and ITES in Indian health care industry.
There is forum running in India to bring act like HIPAA in India
The common people are not quite concerned with HIPAA in India but
there are lot of benefits which can be revealed by implementing
HIPAA to the booming Indian IT Industry and Health care services.
Right now some clients hesitate to contract with Indian service
providers companies so this setback can be removed