Hipaa and him security brunelle

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Hipaa and him security brunelle

  1. 1. HIPAA and HIM Security<br />21 AUG 2011<br />
  2. 2. HIPPA<br />Health Information Portability and Accountability Act (HIPAA) of 1996 <br />Established by the Department of Health and Human Services (HHS) to provide national standards for:<br />Electronic health care transactions<br />National identifiers for providers, health plans, and employers. <br />
  3. 3. HIPAA<br />HIPAA established standards for electronic health information transactions for certain electronic healthcare transactions, including claims, enrollment, eligibility, payment, and coordination of benefits. <br />These standards also mandate that organizations address the security of electronic healthcare information systems (CMS, 2010). <br />
  4. 4. HITECH Act<br />The Health Information Technology for Economic and Clinical Health (HITECH) Act <br />HITECH modernizes existing HIPAA standards for healthcare privacy and security measures <br /> Enhances HIPAA provisions due to the increased incidence of violations and security breaches of health information <br />
  5. 5. HIPAA Breach Notification Rule<br />Affects the unauthorized acquisition, access, use or disclosure of unsecured patient health data and information as a result of a security breach (AMA, 2010)<br />This Rule does not replace existing HIPAA privacy regulations that permit providers to exchange or collect patient information within certain limits of their practice<br />
  6. 6. DATA Breach Defined<br />A breach per the AMA (2010) can be defined as:<br />The acquisition, access, use, or disclosure of unsecured patient health information which is not permitted by the HIPAA Privacy Rules and compromises the security or privacy of that information<br />
  7. 7. Legal Action<br />HHS can impose fines for noncompliance as high as $100 per offense, with a maximum of $25,000 per year on any person who violates a provision of the HIPAA rule <br />Under "Wrongful Disclosure of Individually Identifiable Health Information," Section 1177 states that a person who knowingly:<br />uses or causes to be used a unique health identifier <br />obtains individually identifiable health information relating to an individual<br />discloses individually identifiable health information to another person<br />Corporate Author. (2011). HIPAA Violations: HIPAA Fines and HIPAA Penalties for Non-Compliance. <br /> Retrieved 21 AUG 2011, from<br /> http://www.training-hipaa.net/hipaa_resources/Violation_Penalties.htm<br />
  8. 8. Legal Action <br />shall be fined not more than $50,000, imprisoned not more than 1 year or both<br />if the offense is committed under false pretenses, be fined not more than $100,000, imprisoned not more than 5 years or both; and <br />if the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, be fined not more than $250,000, imprisoned not more than 10 years, or both. <br />Corporate Author. (2011). HIPAA Violations: HIPAA Fines and HIPAA Penalties for Non-Compliance. <br /> Retrieved 21 AUG 2011, from<br /> http://www.training-hipaa.net/hipaa_resources/Violation_Penalties.htm<br />
  9. 9. References<br />AMA. (2010). What You Need to Know About the New HIPAA Breach Notification Rule. Retrieved 21 AUG <br /> 2011, from<br /> http://www.ama-assn.org/ama1/pub/upload/mm/368/hipaa-breach.pdf<br />Corporate Author. (2011). HIPAA Violations: HIPAA Fines and HIPAA Penalties for Non-Compliance. <br />Retrieved 21 AUG 2011, from<br /> http://www.training-hipaa.net/hipaa_resources/Violation_Penalties.htm<br />CMS. (2010). CMS Information Security (IS) Virtual Handbook. Retrieved. 21 AUG 2011, from<br /> http://www.cms.gov/informationsecurity/01_overview.asp<br />Rinehart-Thompson, L. (2009). Redefining the Health Information Management Privacy and Security Role. <br /> Retrieved 21 AUG 2011, from <br /> http://perspectives.ahima.org/index.php?option=com_content&view=<br />article&id=146:redefining-the-health-information-management-privacy-and- <br /> security- role&catid=47:privacy-and-security&Itemid=91 <br />

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