Presentation on theme: "HIPAA/HITECH Training (Clinical Non - Patient Care Areas)"— Presentation transcript:
1HIPAA/HITECH Training (Clinical Non - Patient Care Areas) HIPAA Job Specific Education
2Objectives Participants will be able to: Describe an overview of HIPAA and HITECH privacy key definitions and principlesDescribe how HIPAA and HITECH affect job dutiesList tips and guidance for applying privacy requirementsThis course is designed toProvide an overview of HIPAA and HITECH privacy key definitions and principlesDescribe how HIPAA and HITECH affect job dutiesGive tips and guidance for applying privacy requirements
3HIPAA TerminologyHIPAA: Health Insurance Portability and Accountability ActHITECH: Health Information Technology for Economic and Clinical Health ActPHI: Protected Health InformationCE: Covered Entity (Hospital)ACE: Affiliated Covered Entity (Common ownership)OHCA: Organized Health Care Arrangement (The hospital and medical staff will be considered an Organized Health Care Arrangement)DRS: Designated Record Set (medical record and billing record)AOD: Accounting of Disclosures (patient’s right to receive)Directory: Hospital census list used by volunteers and operators with name and room
4Hospitals are required by law to maintain the privacy of patients’ health information. It is everyone's responsibility to ensure patient information is properly protected and safeguarded!
5Facility Privacy Official (FPO) What is a FPO?The FPO is the “go-to” person for anyPotential patient privacy issuesQuestions on patient privacy mattersPatient privacy complaintsFPO for OU Medical Center Systems is Joan CrallFPO for OUMC-Edmond is Wanda PriceFPO or Facility Privacy Official oversees the facility’s patient privacy program and is the “go-to” person forAny potential patient privacy issuesQuestions on patient privacy mattersPatient privacy complaints.FPO also ensures work force members are properly trained.
6HIPAA Definition & Purpose What is HIPAA?The Health Insurance Portability and Accountability Act (HIPAA) was enacted by Congress in 1996. The HIPAA Privacy Rule provides federal protections for personal health information held by covered entities and gives patients an array of rights with respect to that information.Federal Law.What is the purpose of the law?Guarantee privacy and security of health informationProtect health insurance coverage, improve access to healthcareReduce fraud, abuse and administrative health care costImprove quality of healthcare in generalThe Health Insurance Portability and Accountability Act (HIPAA) was enacted by Congress in 1996. The HIPAA Privacy Rule provides federal protections for personal health information held by covered entities and gives patients an array of rights with respect to that information.The purpose of the law:-Guarantee privacy and security of health information-Protect health insurance coverage and improve access to health care-Reduce fraud, abuse and administrative health care costs
7HITECH Definition & Purpose What is HITECH?The Health Information Technology for Economic and Clinical Health Act (HITECH) was signed into law by the President on February 17, It is the part of the American Recovery and Reinvestment Act of 2009.It is a Federal Law.HITECH Act strengthens those patient privacy protections of HIPAA and places additional requirements on the healthcare community.What is the purpose of the law?Makes massive changes to existing privacy and security lawsIncreases penalties for privacy and security violationsCreates a nationwide electronic health recordThe Health Information Technology for Economic and Clinical Health Act or also called HITECH was signed into law by the President on February 17, It is the part of the American Recovery and Reinvestment Act of 2009.The purpose of the law:- The HITECH Act makes massive changes to existing privacy and security laws, particularly the Administrative Simplification provisions of the HIPAA and its implementing regulations. In addition to changing existing HIPAA regulations, HITECH also rolls out sweeping new federal privacy and security laws.- Increases penalties for privacy and security violations- Creates a nationwide electronic health recordHITECH Act strengthens those patient privacy protections of HIPAA and places additional requirements on the healthcare community.( It is also important to note that individual states may have specific privacy laws that is more stringent than the federal privacy laws. In such case, the state law must be followed.)
8Let’s look at some of the details of these changes. HITECH ChangesWhile there are many changes as a result of HITECH, some of the more substantial changes include:Requirements for notification when certain breaches of protected health information (PHI) occurStrengthened criminal provisionsAdditional audit capabilities by the Office of Civil RightsChanges to the patient's right to access his or her health informationLet’s look at some of the details of these changes.While there are many changes as a result of HITECH, some of the more substantial changes includeStrengthened criminal provisionsRequirements for notification when certain breaches of protected health information (PHI) occurAdditional audit capabilities by the Office of civil rightsChanges to the patient's right to access his or her health informationIn the next few slides, we'll discuss some of these changes in detail.
9Breach NotificationA breach is a security incident in which sensitive, protected or confidential data is copied, transmitted, viewed, stolen or used by an individual unauthorized to do so.Certain breaches of protected health information can result in potential significant risk of harm to the patient and now require notification to:The patientThe Department of Health and Human ServicesAnd in some situations, the mediaAn unauthorized acquisition, use, access, or disclosure of unsecured PHI that poses a significant risk of financial, reputational, psychological and or emotional harm to the patient is considered a HITECH breach.We required by HITECH to notify the patient, the Department of Health and human Services and in some cases the media when these breaches occur.
10Civil Monetary Penalties for Non-Compliance* Violation CategoryEach ViolationAll such violations of an identical provision in a calendar yearDid Not Know$100-$50,000$1,500,000Reasonable Cause$1,000-$50,000Willful Neglect – Corrected$10,000-$50,000Willful Neglect – Not Corrected$50,000There are four categories of violations:- Did not know- Reasonable cause- Willful neglect that has been corrected- Willful neglect that has not been corrected.Each category has a range of civil monetary penalties associated with the type and that penalty can reach up to 1.5 million.Privacy violations can result in large fines from facilities and work force members that are non-compliant. it is everyone's responsibility to ensure patient information is properly protected and safeguarded.* As of 2/17/2009
11Criminal Penalties for Non-Compliance For health plans, providers, employees, clearinghouses and business associates that knowingly and improperly disclose information or obtain information under false pretenses can be assess penalties. These penalties can also apply to any “person”.up to $50,000 and one year in prison for obtaining or disclosing protected health information (PHI)up to $100,000 and up to five years in prison for obtaining protected health information under "false pretenses"up to $250,000 and up to 10 years in prison for obtaining or disclosing protected health information with the intent to sell, transfer or use it for commercial advantage, personal gain or malicious harmPenalties are higher for actions designed to generate monetary gain.
12What is Protected Health Information (PHI)? PHI is the information pertaining to healthcare that contains any of these identifiers. People often believe that if the patient's name is removed then the information is not PHI. That is not true. There are many types of patient identifying information.NameAddress including street, county, zip code and equivalent geocodesName of relativesName of employersAll elements of dates except year (DOB, admission/ discharge, expiration, etc. )Telephone numbersFax numbersaddressesSocial Security numberMedical Record numberHealth plan beneficiary numberAccount numberCertificate/license numberAny vehicle or other device serial numberWeb universal resource locator (URL)Internet protocol address (IP)Finger or voice printsPhotographic imagesAny other unique identifying number, characteristic or codePHI is the information pertaining to healthcare that contains any of these identifiers. People often believe that if the patient's name is removed then the information is no PHI. That is not true. As you can see from this list there are many other data elements that make information identifiable.
13How will HIPAA affect you? Coversheets with confidential statement need to be used on all faxes.Screens will need to be placed out of public view and screensavers in usePatients will identify who their information can be discussed with, including family.All PHI will need to be placed in Shred-It containers (e.g., dietary slips)Patient information should only be accessed if there is a need to know and only the minimum necessary usedAdhere to all Information Security Policies and Standards.
14Minimum NecessaryOnly workforce members with a legitimate “NEED TO KNOW” may access, use or disclose PHI- Regardless of the extent of the access providedOnly the minimum amount of PHI necessary may be used to accomplish the intended purpose of the access, use or disclosureWorkforce members CANNOT access their own record- Contact HIM/medical records to request accessOnly workforce members with a legitimate “NEED TO KNOW” may access, use or disclose PHI regardless of the extent of the access provided.Workforce members must make reasonable efforts to limit PHI to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request.Workforce members cannot access his/her own record; A workforce member should contact HIM/medical record to request his/her own PHI.
15Notice of Privacy Practices (NOPP) The patient receives NOPP at each registration.Patient privacy rights are outlined in the NOPP:Right to AccessRight to AmendConfidential CommunicationRight to RestrictRight to Opt out of the DirectoryRight to Request an Accounting DisclosureEach patient receives Notice of Privacy Practices or NOPP at each registration. NOPP outlines the following information about patient’s Privacy Rights:Right to AccessRight to AmendConfidential CommunicationRight to RestrictRight to Opt out of the DirectoryRight to Request an Accounting DisclosureThe next slides will show these in detail.
16Right to Privacy Restrictions Patients have the right to request a privacy restriction of their PHINEVER agree to a restriction that a patient may request. Always refer the individual to the FPOAll requests must be made in writing and given to the FPO to make a decision onNo request is so small that it should not be routed to the FPO
17Accounting of Disclosures (AOD) An individual has a right to receive an AOD of protected health information made by a covered entity for up to 6 years:Medical & Billing recordsAll required state reportingBirths and DeathsTumor Registry reportingDomestic/Child Abuse suspect reportingVery complex to implementDue to HITECH, additional requirements are forthcoming
18Patient Privacy Complaints ALL privacy complaints must be routed to the FPOFPO maintains complaint log in accordance with the complaint processNo retaliatory actions can be takenDisposition of the complaint must be consistent with the facility’s Sanctions for Privacy ViolationsThe Meditech Risk Management module may be used for complaint trackingFor More Information Review:Policy #: Patient Privacy – Privacy Complaint Process
19Examples of Exposure Lack of knowledge regarding permitted uses of PHI Discussions of patient information in public places such as elevators, hallways and cafeteriasInappropriate control or use of patient lists with PHIPHI in regular trashRecords that are accessed without need to know in order to perform job duties
20Examples of Exposure Cont. Sharing passwordsUsing business agents without contracts and appropriate Business Associate AgreementsSharing PHI without an authorization when one is requiredFailure to act proactively to prevent, detect, or correct privacy or security breachesDiscussing patient information on social networking sites (e.g., Facebook, Twitter)
21For More Information Review: SanctionsThere is a sanctions policy to address privacy and information security violationsTypes of violations can include:Negligent (accidental or inadvertent)Intentional (purposeful)For specific information on sanctions policy contact FPO and/or review the facility’s policyFor More Information Review:Policy #: Patient Privacy – Sanctions for Privacy and Information Security Violations
22Patient Privacy Policies and Forms on the Intranet
23Test Your Knowledge Do you know who your FPO is? What kinds of privacy rights does the patient have?Can a patient amend their record?Do you know who to refer patient privacy questions or complaints to?What is an Accounting of Disclosures?When can you access, use or disclose the patient’s PHI?Where do you dispose of patient information?
24The following are the policies related to the HIPAA/HITECH The following are the policies related to the HIPAA/HITECH. Review them further as needed:20-01: Patient Privacy – Community Clergy Access to Patient Listings Under HIPAA Privacy Standards20-02: Patient Privacy – Designated Record Sets 20-03: Patient Privacy – Determination of, and Uses and Disclosures of De-Identified Information20-04: Patient Privacy – Authorization for Uses and Disclosures of PHI20-05: Patient Privacy – Hybrid Entity20-06: Patient Privacy – Limited Data Set and Data Use Agreement 20-07: Patient Privacy – Marketing Under the HIPAA Privacy Standards/HITECH20-08: Patient Privacy – Patient’s Right to Opt Out of Being Listed in Facility Directory 20-09: Patient Privacy – Privacy Complaint Process20-10: Patient Privacy – Sanctions for Privacy and Information Security Violations
25Policy and Procedure Cont. 20-11: Patient Privacy – Uses and Disclosures for Which an Authorization or Opportunity to Agree or Object is not Required20-12: Patient Privacy – Uses and Disclosures of Patient Health Information to Other Treatment Providers Under the HIPAA Privacy Standards 20-13: Uses and Disclosures of Patient Health Information to Patients’ Family Members or Friends for Patient Care Purposes20-14: Patient Privacy – Uses and Disclosures Required by Law20-15: Patient Privacy – Verification of External Requestors HIPAA and PHI20-16: Patient Privacy – Electronic Incident Response20-17: Patient Privacy – Confidential Patient Status20-19: Patient Privacy – Photographing, Video Recording, Audio Recording, and Other Imaging of Patients, Visitors, and Workforce Members20-20: Patients’ Right to Access
26Thank you for your attention and for protecting our patient’s PHI Thank you for your attention and for protecting our patient’s PHI. Every patient, every time!