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
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
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.)
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
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)
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
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
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
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
HIPAA &Patient ConfidentialityQuestions or concerns regarding HIPAA or use of PHI should be directed to your supervisor or the Compliance Department
HIPAA &Patient Confidentiality Protect your patient’s privacy and protect yourself!
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/
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