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Introduction to
HIPAA
What
Is HIPAA?
• It Is a Federal Law That Became
Effective
April 14th,2003 That Protects
The
Confidentiality of Our Patient’s Personal Information
What
Types of Information Do We Protect?
•
Paper records
•
Computerized information
•
Oral communication
HIPAA uses the term…
“Protected Health Information”
•
Examples of PHI:
-Registration Form
-Records of exam/evaluation
-Test results
-Treatment and appointment information
-Patient bills
-Photographs
-Paper records
Releasing Patients Protected
Health Information
(PHI)
üWE
MUST OBTAIN A WRITTEN AUTHORIZATION SIGNED BY THE PATIENT OR LEGAL
REPRESENTATIVE FOR ANY RELEASE OF INFORMATION
EXCEPT:
WHEN THE INFORMATION IS USED FOR ROUTINE PURPOSE OF TREATMENT, PAYMENT
OR OPERATIONS
MEDICAL RECORDS
•
MEDICAL RECORD CAN ONLY BE RELEASED WITH THE PATIENT’S APPROVAL
•
ACCESS TO MEDICAL RECORD
SHOULD BE LIMITED
•
TAKE REASONABLE STEPS AND JUDGEMENT WHEN RELEASING PHI
•
WHEN IN DOUBT, CONSULT YOUR SUPERVISOR
Releasing Patient’s PHI
verbally
Discussion with friends and Family
•
Requires the agreement of the patient or legal representative.
•
Must be done in the presence of the patient.
•
You can reveal medical information that is directly relevant to that
person’s involvement.
•
Example: a neighbor picking up a patient can be told that the patient is
unsteady on his feet, however, they cannot be told anything specific regarding
the diagnosis of the patient.
The following patient’s PHI can be released without
the patients approval.
MINORS
•If a patient is a
minor(under 18 years of age), the patient’s parents or guardian may receive
the disclosure of PHI
on behalf of the patient.
Except for:
“Emancipated
minors”
Emancipated Minors are children who
have been released from the control of the parents or guardians, and may control
their own PHI
in the same manner as an adult:
-Any one who is
not yet 18 years old but is legally married or who is a parent.
-Any one who is
not yet 18 years old but is maintaining his/her own residence and is
self-supporting.
•
If a patient is a minor(under 18 years of age), the patient’s parents
or guardian may receive the disclosure of PHI
on behalf of the patient.
Except
for:
-Anyone
who’s not yet 18 but has been legally married and now is divorced , or a widow
or a widower.
-Anyone who is not yet 18 years old and is
pregnant.
Note:
Parents of a minor must receive notice 48
hours in advance of a termination of pregnancy,
when required by Florida statute 390 (Termination of pregnancy abortion)
Minors who are not emancipated
•
In the follow situations, any minor (under 18 years of age) may without
parent consent, approval or notification have the right in the same manner as an
adult, to protect their health information for the voluntary treatment of:
•
Substance abuse
•
Alcohol/Drug abuse impairment treatment
•
Testing or treatment of Venereal Disease
Computer Information
DO:…
-
Keep your
passwords secrets
-
Enforce
the use of screen savers
-
Access
only the information you need to do your job
-
Log off
when finish
DO NOT:
-
Look at
information to satisfy your personal curiosity.
(Looking at
prohibited information is a violation even if you don’t tell any one else.)
Employee Conduct:
DO…
You as an employee need to:
-
Make sure that medical information
is not disclosed inappropriately, accidentally, or negligently.
-
DO NOT:
Discuss patient information where others can hear you(lunch room,
hallway, parking lot, ext..)
EMPLOYEE
CONDUCT, WHEN POSSIBLE
•
Speak to
patient in private areas.
•
Dictate
patient’s information where others
Cannot overhear.
•
When
using the phone speak softly and limit the use of the patient’s name.
•
When
leaving message on an answer machine, state only where you are calling from and
specified telephone number.
•
DO NOT:
Leave detailed message regarding patient’s illness or state that medical
service were provided.
WRITTEN
INFORMATION
•
DO…
•
Make sure
that staff is present when visitors enter areas with sensitive information.
•
Keep
patient records and charts in a secure place, face down.
•
Pick up
file confidential papers as soon as possible from fax machines, copiers, mail
boxes, waiting rooms.
•
Discard
confidential papers in locked disposal containers for shredding.
You
are required to report privacy violations to…
•
Chain of command (manager, supervisor).
•
Sanction and penalties.
-Civil penalties, with fines ranging from
$100 to $25,000.
-
Criminal penalties, with fines up to $250,000 plus 10 years
imprisonment(imposed on individuals who disclose PHI
for malice or for personal gain)
DON’T
FORGET
HIPAA
NOT HIPPO
IT’S
THE LAW!
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