The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge. The US Department of Health and Human Services (HHS) issued the HIPAA Privacy Rule to implement the requirements of HIPAA. The HIPAA Security Rule protects a subset of information covered by the Privacy Rule. Show HIPAA Privacy RuleThe Privacy Rule standards address the use and disclosure of individuals’ health information (known as protected health information or PHI) by entities subject to the Privacy Rule. These individuals and organizations are called “covered entities.” The Privacy Rule also contains standards for individuals’ rights to understand and control how their health information is used. A major goal of the Privacy Rule is to make sure that individuals’ health information is properly protected while allowing the flow of health information needed to provide and promote high-quality healthcare, and to protect the public’s health and well-being. The Privacy Rule permits important uses of information while protecting the privacy of people who seek care and healing. Covered EntitiesThe following types of individuals and organizations are subject to the Privacy Rule and considered covered entities:
Exception: A group health plan with fewer than 50 participants that is administered solely by the employer that established and maintains the plan is not a covered entity.
Permitted Uses and DisclosuresThe law permits, but does not require, a covered entity to use and disclose PHI, without an individual’s authorization, for the following purposes or situations:
HIPAA Security RuleWhile the HIPAA Privacy Rule safeguards PHI, the Security Rule protects a subset of information covered by the Privacy Rule. This subset is all individually identifiable health information a covered entity creates, receives, maintains, or transmits in electronic form. This information is called electronic protected health information, or e-PHI. The Security Rule does not apply to PHI transmitted orally or in writing. To comply with the HIPAA Security Rule, all covered entities must:
Covered entities should rely on professional ethics and best judgment when considering requests for these permissive uses and disclosures. The HHS Office for Civil Rights enforces HIPAA rules, and all complaints should be reported to that office. HIPAA violations may result in civil monetary or criminal penalties. For more information, visit HHS’s HIPAA website. What are the requirements of HIPAA privacy?The HIPAA Privacy Rule
The Rule requires appropriate safeguards to protect the privacy of protected health information and sets limits and conditions on the uses and disclosures that may be made of such information without an individual's authorization.
What is not included in HIPAA?It does not include information contained in educational and employment records, that includes health information maintained by a HIPAA covered entity in its capacity as an employer. PHI is only considered PHI when an individual could be identified from the information.
Which of the following are not required to comply with HIPAA?Examples of organizations that do not have to follow the Privacy and Security Rules include:. Life insurers.. Employers.. Workers compensation carriers.. Most schools and school districts.. Many state agencies like child protective service agencies.. Most law enforcement agencies.. Many municipal offices.. What are the 4 standards of HIPAA?The HIPAA Security Rule Standards and Implementation Specifications has four major sections, created to identify relevant security safeguards that help achieve compliance: 1) Physical; 2) Administrative; 3) Technical, and 4) Policies, Procedures, and Documentation Requirements.
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