PRIVACY AND HIPAA THE RIGHT THING TO DO. WHAT’S WRONG WITH THIS PICTURE? ? “ Did you hear that Jane from the 5 th floor is in the hospital?” “No!! Let’s.

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Presentation transcript:

PRIVACY AND HIPAA THE RIGHT THING TO DO

WHAT’S WRONG WITH THIS PICTURE? ? “ Did you hear that Jane from the 5 th 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 CARE TO 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 CONCLUSION HIPAA’S PRIVACY RULE HAS CREATED A WAY FOR A PATIENT’S HEALTH CARE INFORMATION TO BE PROTECTED BY LAW. QUESTIONS?