Joint Commission Inservice Hipaa


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Joint Commission Inservice Hipaa

  1. 1. Joint Commission In-Service Training and Self-Study
  3. 3. HIPAA COMPLIANCE <ul><li>Congress passed the Health Insurance Portability and Accountability Act in 1996, also known as HIPPA. </li></ul><ul><li>This Act was further defined and modified in 2001 and 2002. HIPAA established standards and safeguards for documentation and transmission of health records to assure privacy and security of this data. This came about mainly because of abuse of patient privacy. </li></ul>
  4. 4. HIPAA COMPLIANCE <ul><li>Many healthcare workers have been too willing to talk casually about their patients without thinking how this violates their confidentiality. This includes coversations you have in public areas, on the telephone, and even at home. </li></ul>
  5. 5. HIPAA COMPLIANCE <ul><li>Under HIPAA regulations, you can only discuss patient information if it is directly related to treatment, and even then you must limit the disclosure of any patient information to the minimum necessary for the immediate purpose. </li></ul><ul><li>HIPPA set a compliance deadline of April 14, 2003 for the privacy and data security regulations to be in place. </li></ul>
  6. 6. HIPAA COMPLIANCE <ul><li>HIPAA Legislation </li></ul><ul><li>Administrative Simplification(HIPAA Title II) </li></ul><ul><li>Protect Patient Privacy </li></ul><ul><li>Protect Security of Patient Data </li></ul>
  7. 7. HIPAA COMPLIANCE <ul><li>HIPAA Legislation </li></ul><ul><li> Administrative Simplification (HIPAA Title II) </li></ul><ul><li>-Encompasses four sets of regulations: electronic transaction standards, privacy standards, security standards, and unique indentifers. </li></ul><ul><li>-Along with the benefits of the use of computers also brings problems – the formatting of data between applications. </li></ul><ul><li>-Coding standards such as ICDM-10, CPT, and ANSI X12N have been deemed acceptable methods of data interchange. </li></ul>
  8. 8. HIPAA COMPLIANCE <ul><li>HIPAA Legislation </li></ul><ul><li>Protect Patient Privacy </li></ul><ul><li>-Requires providers to protect patient confidentiality in all its forms </li></ul><ul><li>oral </li></ul><ul><li>written </li></ul><ul><li>electronic </li></ul>
  9. 9. HIPAA COMPLIANCE <ul><li>Privacy Standards – Overview </li></ul><ul><li>The privacy and security components of HIPAA have a large impact on your daily practice. These portions continue to evolve and by late 2002, the Department of Health and Human Services had substantially revised earlier proposals that would have required patient consent for virtually all disclosure of information. The general privacy rule now is that patients must be notified of the institution’s privacy policies, and you must make a good fait effort to obtain a written acknowledgement of this. </li></ul>
  10. 10. HIPAA COMPLIANCE <ul><li>Privacy Standards – Written Notice </li></ul><ul><li>A Hospital must provide copies of the written notice of allowable uses and disclosures of patient information. This written notice will be shown to all patients and the uses and disclosures of their information will be explained. This includes how it will be transmitted to third parties for routine use in treatment, payment, or other healthcare operations. The hospital must explain to the patient that they have the right to see their own medical and billing records, make changes to anything they feel is inaccurate, and learn exactly who has seen their records. </li></ul>
  11. 11. HIPAA COMPLIANCE <ul><li>Privacy Standards – Acknowledgement </li></ul><ul><li>Patients must be asked to acknowledge that they have seen the hospitals privacy notice. However, if they refuse to sign it, you may still provide treatment. </li></ul>Privacy Standards – Exceptions HIPAA allows exceptions to the requirement for this privacy notice and written acknowledgement, in situations when it might prevent or delay timely care, for example, when providing emergency care. However, the hospital must still seek to obtain the patient’s acknowledgement as soon as possible.
  12. 12. HIPAA COMPLIANCE Privacy Standards – Exceptions (cont.) Often, family members or friends want to talk to clinicians about the patient’s treatment or status. Before a staff member can do this, they must ask the patient for permission to do so, or otherwise give them a chance to object. Privacy Standards – Minimum Disclosure HIPAA requires that you limit the disclosure of any patient information to the minimum necessary for the immediate purpose.
  13. 13. HIPAA COMPLIANCE <ul><li>Privacy Standards – Beneficial Disclosures </li></ul><ul><li>A There are some permitted uses and disclosures of protected health information that do not require an kind of permission from the patient. These kinds of disclosures are often viewed as “beneficial” to the public. For example: reportings vital statistics, reporting communicable diseases, reporting adverse reactions to drugs or medical devices to the FDA, and reporting information related to organ donation. </li></ul>
  14. 14. HIPAA COMPLIANCE <ul><li>Privacy Standards – Consequences for Non-Compliance </li></ul><ul><li>HIPAA regulations provide serious civil and criminal penalties for violations. At the extreme, anyone caught selling private healthcare information can be fined up to $250,000 and sentenced to up to 10 years in prison. Civil penalties can run as high as $25,000 per violation. Even unintentional disclosure can involve serious penalties, so it is crucial that all healthcare workers learn their HIPAA responsibilities and make them a part of their daily practice. </li></ul>
  15. 15. HIPAA COMPLIANCE <ul><li>HIPAA Legislation </li></ul><ul><li>Protect Security of Patient Data </li></ul><ul><li>Requires providers to protect the security of patient data—particularly as medicine moves more and more into the electronic era with patient data stored in many different ways, transmitted in many forms, and with many means of access. </li></ul>