HIPAA• Has been a federal privacy regulation since 2003. Covers privacy and security of health information.• Reviewed in annual education• Taught in new employee orientation• The facility Security Officer is Christie Messinger• The facility Privacy Officer is Alane Bryan
HITECH• Does not replace HIPAA—it gives it TEETH!• Requires a breach notification policy• Encourages EHR adoption• Provides strict data protection regulations for more secure patient privacy
New Fines as of March 26, 2013Violation Type Each Violation Repeat Violations/Yr.Did not know $100 - $50,000 $1.5 millionReasonable Cause $1,000 - $50,000 $1.5 millionWillful Neglect – Corrected $10,000 - $50,000 $1.5 millionWillful Neglect – Not Corrected $50,000 $1.5 million •Healthcare organizations or providers may be held liable for violations. •Individual employees may be prosecuted or may be sued for civil penalties.
Breach Notifications Must notify individuals and HHS and, in some cases the media, of any substantiated breaches within 60 days. Breaches affecting 500 or more patients will be posted to the HHS.gov website.
Documented Breaches• Mass General• California Breaches• BCBS of TN Breach• Individual Prosecution• Personal Gain
Top Privacy Violations• Stolen laptops/computers• Lost CDs• ID theft/Social Security Numbers• Medicare Fraud• Access to EMR with no job-related need
Privacy Breach Examples• Using Social Networking to talk about patients• Discussing PHI with employees or family who do not have a job-related need• Looking at EMR out of concern or curiosity• Telling others that a patient was “in” for treatment• Discussing progress or prognosis in front of family without permission
More Privacy Breach Examples• Using chart to get information to use against patient in lawsuit or divorce• Looking in minor child’s EMR• Taking a peek for “educational purposes”• Starting conversations with “Don’t tell anyone I told you this, but…”• Sharing computer access/passwords
Permitted HIPAA Exceptions• Treatment, Payment, Operations• Some law enforcement exceptions• Public health reporting• When in doubt, get a Signed Release• Disclose “minimal necessary” amount of PHI
HIPAA, HITECH, & YOU• Patients/family members requesting patient information AFTER DISCHARGE should be referred to the HIM Department• If a patient requests information during an admission, make sure the report is FINAL before giving the information to the patient or to their designee (document the designee). We do not release information unless it is in a FINAL status.• Discuss patient information as quietly as possible
HIPAA, HITECH, & YOU• Try not to say the patient’s name repeatedly• Make sure paper containing PHI makes it to a shred bin• Shred bins should be dumped in large bins each day• Use fax cover sheets with the confidentiality clause• Do not leave messages with too much information• Wear your employee ID badge at all times
HIPAA, HITECH, & YOU• Use workstations for intended purposes – No gaming, no unauthorized downloading of files, personal emails are subject to access by P & S Surgical Hospital• Log-off or lock your computer when you are not using it• Make sure others cannot view your computer screen
HIPAA, HITECH, & YOU• Keep passwords secure• Use your own individual password• Avoid sharing passwords• Trigger encryption for emails containing PHI being sent outside the organization• If photos must be taken of a patient, use a P & S camera or device; NEVER use your personal camera or smart phone
HIPAA, HITECH, & YOU• Never share proprietary or confidential information in blogs or on social media sites• Report potential breaches, inappropriate disclosures, or otherwise suspect behavior to your direct supervisor, the Privacy Officer, the Security Officer, or the Corporate Compliance Officer
End of Presentation• This is the end of presentation. Click on blue Quiz button next.