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Tiffany hall mha 690 week 1 discussion 2

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  • 1. HIPAA &Patient Confidentiality
  • 2. HIPAA &Patient ConfidentialityWhat is HIPAA? HIPAA is the Health Insurance Portability and Accountability Act, a federal law that:  Protects patient privacy of personal health information (PHI)  Provides for the electronic security of PHI  Provides for the physical security of PHI  Protects patient rights in regard to their health information
  • 3. HIPAA &Patient ConfidentialityWhy is Privacy and Security Important?  State and Federal laws require patient record are kept confidential  Common use of electronic information systems increases possibility of unintentional disclosure and easy access for intentional misuse  To protect against identity theft and fraud  Maintaining patient privacy is the ethical thing to do
  • 4. HIPAA &Patient ConfidentialityWhat is Protected Health Information (PHI) PHI includes all written, oral and electronic information about a patient It includes:  Patients clinical information  Patient identifiers  Patient demographics  Any other personal information or identifiers (i.e. drivers license, insurance information, photos, etc.)
  • 5. HIPAA &Patient ConfidentialityWhere is PHI located? Written and electronic medical records Diagnostic reports Billing records Prescriptions, wristbands, labeled I.V. solutions Virtually anywhere inside a healthcare organization
  • 6. HIPAA &Patient ConfidentialityHow do you use PHI? Only to do your job Only in accordance with HIPAA laws Even then…  Use only the “Minimum Necessary” amount of information needed to do your job (For example, an admissions clerk does not need lab results to admit a patient)
  • 7. HIPAA &Patient ConfidentialityHow do you protect the patient’s PHI? Dispose of PHI properly – shred, DON’T trash Use caution when Faxing PHI – confirm fax numbers and confirm receiver is available to retrieve immediately Do not use e-mail to send PHI Lock doors in secure areas Secure PHI by speaking quietly when discussing patient information
  • 8. HIPAA &Patient ConfidentialityHow do you protect the patient’s PHI? Avoid conversations about patients outside work area Avoid use of patient names and identifiers in conversation when possible Secure PHI at the end of a work day (log off computers, secure written documents in locked drawers or cabinets) Never leave sensitive information on voicemails or answering machines Never access PHI except for information specifically needed to do your job Never access the PHI of friends, relatives, or any other individual unless necessary to do your job and without proper authorization in accordance with hospital policy
  • 9. HIPAA &Patient ConfidentialityWhat are the consequences of violating HIPAA and Patient Confidentiality? Disciplinary action up to and possibly including termination. Breach will be reported to the patient & the Department of Health and Human Services You may be individually subject to civil penalties:  $100/violation not to exceed $25,000 for violations without cause  $1,000/violation not to exceed $100,000 for violations based on reasonable cause  In cases of willful neglect, fines from $10,000 to $250,000.  In cases of willful neglect that is not corrected, fines $50,000 per violation up to $1.5 million
  • 10. HIPAA &Patient ConfidentialityWhat are the consequences of violating HIPAA and Patient Confidentiality? You may be individually subject to criminal penalties for knowingly using, obtaining, or disclosing PHI. Criminal penalties include:  Fines up to $50,000, imprisonment up to 1 year, or both  Offenses committed under false pretenses, fines up to $100,000, imprisonment up to 5 years, or both  Offenses committed with intent to sell, transfer, or use PHI for commercial advantage, personal gain or malicious harm, fines up to $250,000, imprisonment up to 10 years, or both
  • 11. HIPAA &Patient ConfidentialityQuestions or concerns regarding HIPAA or use of PHI should be directed to your supervisor or the Compliance Department
  • 12. HIPAA &Patient Confidentiality Protect your patient’s privacy and protect yourself!
  • 13. HIPAA &Patient Confidentiality
  • 14. HIPAA &Patient Confidentiality Referenceshttp://iwww.arh.org/mainsite/Compliance_ HIPAAWolper, L.F. (2011). Health care administration: Managing organized delivery systems (5th ed.). Boston: Jones and Bartlett.www.hhs.gov/ocr/hipaa/