3. Objectives
What is HIPAA and how does it affect Restpadd?
What patient information is protected?
How is mental health different?
How can I stay compliant with the law?
What are the penalties for violations?
4. What is HIPAA and how does it affect
Restpadd?
HIPAA is an abbreviation for a the Health Insurance
Portability andAccountability Act of 1996.
Enacted onAugust 21, 1996 under the Health and Human
Services (HHS) Standards for Privacy of Individually
Identifiable Health Information (“Privacy Rule”).
The Privacy Rule applies to hospitals, health care providers
(e.g., non-institutional providers such as physicians, dentists
and other practitioners) as defined by Medicare, and any
other person or organization that furnishes, bills, or is paid
for health care.
5. What information?
The Privacy Rule protects all “individually
identifiable” health information held or transmitted by
a covered entity or its business associate, in any form
or media, whether electronic, paper, or oral.
Including the individual’s past, present or future physical
or mental health or condition, the provision of health
care to the individual, or the past, present, or future
payment for the provision of health care to the
individual.
6. How is mental health different?
Long term patients who are often “frequent
flyers”.
Possibly unusual and odd behaviors.
High stress situations
Physical or chemical restraint may be used
when patients escalate.
7. A 46 year old female is admitted to the unit with suicidal ideations (SI).
She appears normal and she tells you that she has two grown kids and a
husband of 20 years at home.After her initial 72 hour hold is up, she is
still needing treatment so she is placed on an additional 14 day hold.
During her extended stay, she improves significantly and really comes
out of her shell. She is easy to get along with and even helps staff with
small chores around the facility. By the time she leaves, everyone has
grown to like her and her suicidal thoughts are controlled.After
discharge you forget all about her until you see her in front of the
grocery store two weeks later. She is soliciting customers for money and
she doesn't look good. She is talking to herself and her hair is in disarray.
She is wearing the same clothes she had on when she left Restpadd two
weeks earlier.You really want to help this woman but you're not sure
what to do.
Q:Should you approach her and ask her if she remembers you from
Restpadd?
Q:What if she recognizes you and approaches you first?
8. A 34 year old male client is admitted to the unit with psychosis after the
police detain him for standing in the middle of HWY 44 and yelling at
traffic. He has been living on the streets and is dirty. His hair is matted,
his clothes are a little too big and he has scabs all over his arms.When
approached, he begins yelling about being in Gods army and how "they
are going to defeat the tyrannical government beginning with president
Obama". He points his finger at you and says "you are one of them, you
can't defeat us because we know all about you".You try to calm him
down but he begins taking swings at you and other staff.When he picks
up a chair to throw it at someone, two mental health techs (MHTs)
intervene and restrain him.The charge nurse comes running with
medication to sedate him but not before he spits on one MHT and
scratches another. He is swearing at the top of his lungs and threatens to
kill "all of you evil doers". Once sedated, he is put in the quiet room and
falls asleep.The rest of your day is uneventful but you're still pumped up
when you get home.
Q:Is it OK to talk about the incident with a family member?
Q:Can you post a comment on Facebook about your day?
9. Penalties
$50,000 and up to one-year imprisonment
for knowingly sharing patient
information.
$100,000 and up to five years
imprisonment if information is obtained
under false pretenses.
$250,000 and up to ten years
imprisonment if the wrongful conduct
involves the intent to sell, transfer, or use
information for personal gain.