HIPAA Laws
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  • 1. Understanding HIPAA
    • Presented by:
    • Officer Frank Webb
    • Mental Health Unit
    • Houston Police Department
  • 2. Disclaimer
    • The information provided in this presentation does not constitute legal advice and is intended to be used for guidance only.
  • 3. HIPAA?
    • Helping Impede Police Action & Authority
    • or
    • Health Insurance Portability & Accountability Act
  • 4. HIPAA
    • Also known as the Kennedy-Kassenbaum Act
    • Grew out of the Clinton Health Care Administration
  • 5. HIPAA Goals
    • Insure the confidentiality of patients’ health care information
    • Simplify the prosecution of health care fraud and abuse
    • Make changing jobs easier, while providing better access to health care insurance
  • 6. Examples
    • Chief over ISD
    • Collecting data within an agency
    • HNT
    • Call-Takers not being able to ask about MI
  • 7. Examples
    • Sharing data between police departments
    • Premise histories
    • Your examples?
  • 8. Definitions
    • PHI (Protected Health Information) - All Individually Identifiable Health Information and other information on treatment and care that is transmitted or maintained in any form or medium
    • Use - The sharing, employment, application, utilization, examination, or analysis of such information within an entity that maintains such information
  • 9. Definitions
    • Disclosure - Release or divulgence of information by an entity to persons or organizations outside of that entity
    • Authorization - The mechanism for obtaining consent from a patient for the use and disclosure of health information for a purpose that is not treatment, payment, or health care operations or not for other permitted disclosures
  • 10. Definitions
    • Minimum Necessary - When using PHI, a covered entity must make all reasonable efforts to limit itself to the “minimum necessary to accomplish the intended purpose of the use, disclosure, or request”
    • Health Plan - An individual or group plan that provides, or pays the cost of, medical care
  • 11. Definitions
    • Health Care Provider - Any person or organization that furnishes, bills, or is paid for health care services or supplies (such as EMS, Mental Health, Health Departments, etc.)
  • 12. Definitions
    • Health Care Clearinghouse - A public or private entity that processes or facilitates the processing of nonstandard data elements of health information into standard data elements
    • Covered Entities - Those entities that must comply with HIPAA regulations: Health Plans, Health Care Providers, and Health Care Clearinghouses
  • 13. A Health Care Provider
    • Doctors
    • Clinics
    • Psychologists
    • Dentists
    • Chiropractors
    • Nursing Homes
    • Pharmacies
  • 14. A Health Plan
    • Health insurance companies
    • HMOs
    • Company health plans
    • Government programs that pay for health care, such as Medicare, Medicaid, and the military and veterans health care programs
  • 15. A Health Care Clearinghouse
    • This includes entities that process nonstandard health information they receive from another entity into a standard (i.e., standard electronic format or data content), or vice versa
  • 16. Covered Entities
    • The Privacy and Security Rules apply only to covered entities. If an entity is not a covered entity, it does not have to comply.
    • - U.S. Department of Health & Human Services
  • 17. The Problem
    • The potential for HIPAA problems arises when dealing with agencies that do have to comply with it.
    • Obtaining patient health information
    • Being asked to release patient health information by the press, public or other interested parties
  • 18. Permitted Law Enforcement Disclosures
    • As required by law (court orders, court-ordered warrants, subpoenas) and administrative requests
    • To identify or locate a suspect, fugitive, material witness, or missing person
    • In response to a law enforcement official’s request for information about a victim or suspected victim of a crime
  • 19. Permitted Law Enforcement Disclosures
    • To alert law enforcement of a person’s death, if the covered entity suspects that criminal activity caused the death
    • When a covered entity believes that protected health information is evidence of a crime that occurred on its premises
  • 20. Permitted Law Enforcement Disclosures
    • By a covered health care provider in a medical emergency not occurring on its premises, when necessary to inform law enforcement about the commission and nature of a crime, the location of the crime or crime victims, and the perpetrator of the crime.
    - U.S. Dept. of Health and Human Services
  • 21. Administrative Request
    • Administrative subpoena or investigative demand or other written request from a law enforcement official. Does not require judicial involvement. Must include a written statement the information requested is relevant and material, specific and limited in scope.
  • 22. Necessary to prevent/lessen an imminent threat to health or safety of a person or the public? Disclose minimum necessary to person(s) able to prevent/lessen threat Oregon Health & Science University Integrity Office
  • 23. Requesting PHI to identify or locate a suspect, fugitive, material witness or missing person?
    • Name and address
    • Date and place of birth
    • Social Security number
    • ABO blood type & rh factor
    • Type of injury
    • Date and time of treatment
    • Date and time of death
    • Distinguishing physical characteristics
    Oregon Health & Science University Integrity Office
  • 24. Necessary to identify or apprehend an individual where it appears the person escaped from custody or correctional institution? Disclose minimum necessary Oregon Health & Science University Integrity Office
  • 25. Is disclosure to report about a victim of abuse or neglect (child, elder, mentally ill/developmentally disabled? Disclose minimum necessary Oregon Health & Science University Integrity Office