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HIPAA

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.

1. Medical records used for health care research

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2. Some state laws specifically protect __________. A patient would need to sign a specific request.
same legal standards apply to all patient records whether on paper or computer
testimony under oath
human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS)
Covered entities

3. A reason for each use and disclosure of patient information.
Permission
Verification
allows patients to give directions to health care providers about treatment choices in circumstances in which the patient may no longer be able to provide that direction. There are two types: Living Will and Durable Power of Attorney
U.S. goverment

4. Document that includes the standards
Limited data set
Permission
Electronic transmission
Rule

5. Implied contract
human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS)
Health Insurance Portability and Accountability Act of 1996 (passed by congress because of portability problems - also to protect PHI)
need to know
a contract that comes about from the actions of the parties rather than words

6. Patient records are _____________ so not all staff will have access.
only those who meed to know should have access to patient information
need to know
addresses portability of insurance coverage when employees change or lose their jobs
Electronic transmission

7. 4d's of negligence
Patient
Duty; duty of care - Derelict; breach of the duty of care - Direct cause; legally recognizable injury occurs as a result of breach of care - Damage; wrongful activity must have been the cause
law that permits a person w/ a legal age and sound mind to give their body to donation
a minor - rather than the parent - must sign the release of patient information

8. The computer screen should have a screensaver that...
Security
comes on after a few idle seconds and the use of a privacy screen should be mandatory
Ethical
a contract that comes about from the actions of the parties rather than words

9. Titile II of HIPAA
concerned with mostly with h/c providers. It addresses fraud and abuse - administrative simplification and medical liability
substance abuse treatment
Firewalls
A written set of questions requiring written answers from a plaintiff or defendant under oath

10. IIHI
false and malicious writing about another
Individually Identifiable Health Information
human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS)
Type of consent in which a patient who is unable to give consent is given treatment under the legal assumption that he or she would want treatment.

11. Under some circumstances ...
Notice of Privacy Practices
Invasion of Privacy Publishing
a minor - rather than the parent - must sign the release of patient information
The body of laws made by states is their own statutory laws

12. Deposition
Notice of Privacy Practices (NPP)
Type of consent in which a patient who is unable to give consent is given treatment under the legal assumption that he or she would want treatment.
testimony under oath
h/c workers --qualified people of organizations(perf. data processinf or transcript) -certain gov. auth. (pub health activities) -appropriate auth(protect vic. of abuse) -law enforcement officials or judicial orders

13. Doctor release of patient
A court order requiring someone to appear in court on a certain date time and reason. A medical record could be subpoenaed.
state laws setting time limit for bringing a lawsuit
patient discharges doctor with letter - doctor formally withdraws from patient with a certified letter or patient no longer needs treatment
illegal touching of another person

14. What information do patients NOT have access to?
in order to maintain patient confidentiality - fax machines must be kept in areas not accessible to patients.
Psychotherapy notes - information for legal proceedings - information exempted from disclosure under CLIA
De-Identified Information
Tort

15. 5P's of ethical power
Type of consent in which a patient who is unable to give consent is given treatment under the legal assumption that he or she would want treatment.
improper performance of an otherwise lawful act. civil
purpose - pride - patience - persistence - perspective
allows patients to give directions to health care providers about treatment choices in circumstances in which the patient may no longer be able to provide that direction. There are two types: Living Will and Durable Power of Attorney

16. Treatment means that a health care provider can provide care; payment means that a provider can disclose PHI to be reimbursed; health care operations refers to HIPAA approved activities and transactions.
should never be released w/o a patient's signed consent or court order
Treatment - payment and health care operations (TPO)
false and malicious writing about another
Ethical

17. Who regulates HIPAA?
U.S. goverment
improper performance of an otherwise lawful act. civil
a contract that comes about from the actions of the parties rather than words
Security

18. Bioethics
also called biomedical ethics - the moral dilemmas and issues of advanced medicine and medical research
What types of disclosures do not require patient permission?
a minor - rather than the parent - must sign the release of patient information
a contract that comes about from the actions of the parties rather than words

19. Statutory
although medical records are confidential - there are times when they can be released w/o a patient consent.
The body of laws made by states is their own statutory laws
individuals in their mid- to late teens who legally live outside of parents' or guardians' control
Prohibits discrimination preventing indiviualds with physical or mental disabilities or chronic illness - from accessing public services & accomodations. Employers requires 'reasonable accommodation' be provided so they can perform duties.

20. NPP
Notice of Privacy Practices
De-Identified Information
the philosophical study of moral values and rules - conducts
Portability

21. Key entities
have a unique password and it should be changed frequently
U.S. Department of Health and Human Services (HHS; established national standards for HIPAA) - Centers for Medicare and Medicaid Services (CMS; enforce insurance portability and transaction/code set requirements) - Office for Civil Rights (OCR; enfor
state laws setting time limit for bringing a lawsuit
Treatment - payment and health care operations (TPO)

22. Confidentiality

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23. Sending information over electronic networks.
Transaction
Electronic transmission
Treatment - payment and health care operations (TPO)
U.S. Department of Health and Human Services (HHS; established national standards for HIPAA) - Centers for Medicare and Medicaid Services (CMS; enforce insurance portability and transaction/code set requirements) - Office for Civil Rights (OCR; enfor

24. What are the 3 purposes of HIPAA?
false and malicious writing about another
Insurance portability - administrative simplification - privacy and security
must be reported to authorities by law
treatment - payment - & healthcare operations

25. Civil law
Duty; duty of care - Derelict; breach of the duty of care - Direct cause; legally recognizable injury occurs as a result of breach of care - Damage; wrongful activity must have been the cause
located in a secured and private space
concerns noncriminal disputes between private parties
Psychotherapy notes - information for legal proceedings - information exempted from disclosure under CLIA

26. Common law
Patient rights under HIPAA
judge made law from decisions of a court - interpretation of constitution and statuatory law - often known as precedents
false charges and malicious oral statements about someone
allows patients to give directions to health care providers about treatment choices in circumstances in which the patient may no longer be able to provide that direction. There are two types: Living Will and Durable Power of Attorney

27. The use of uniform electronic network protocols to transfer business information between organizations.
Malfeasance
Electronic data interchange
Ethical
The body of laws made by states is their own statutory laws

28. Good samaritan law
Any information that would identify a patient (name - add - tele - DOB - SSN - email - med. rec. number - etc)
concerned with mostly with h/c providers. It addresses fraud and abuse - administrative simplification and medical liability
state law that protects healthcare professionals from liability when they provide emergency assistance/services within their scope of training
Electronic Protected Health Information

29. Conforming to proper professional behavior
addresses portability of insurance coverage when employees change or lose their jobs
a contract that comes about from the actions of the parties rather than words
a service company that recieves electronic or paper claims from the provider - checks and prepares them for processing - and transmits them in HIPAA-complaint format to the correct carriers
Ethical

30. EPHI
Malfeasance
illegal touching of another person
Duty; duty of care - Derelict; breach of the duty of care - Direct cause; legally recognizable injury occurs as a result of breach of care - Damage; wrongful activity must have been the cause
Electronic Protected Health Information

31. HI
Health Information
Malfeasance
safeguards health & wealthfare of Medicare/Medicaid beneficiaries & protect program integrity
Electronic data interchange

32. Disclosure without Consent
Medical data from which individual identifiers have been removed; also known as a redacted or blinded record.
Designated record set
Patient rights under HIPAA
although medical records are confidential - there are times when they can be released w/o a patient consent.

33. Coded information that can't be read until is decoded.
must be reported to authorities by law
Code sets
Covered transactions
Encryption

34. Statue of limitations
Any information that would identify a patient (name - add - tele - DOB - SSN - email - med. rec. number - etc)
it must have an accompanying disclaimer stating the fax information cannot be shared with any other party w/o patient's written consent
Patient rights under HIPAA
state laws setting time limit for bringing a lawsuit

35. TPO
Electronic data interchange
located in a secured and private space
treatment - payment - & healthcare operations
Covered entities

36. Includes records maintained by or for a covered entity.
Designated record set
Psychotherapy notes - information for legal proceedings - information exempted from disclosure under CLIA
state laws setting time limit for bringing a lawsuit
h/c workers --qualified people of organizations(perf. data processinf or transcript) -certain gov. auth. (pub health activities) -appropriate auth(protect vic. of abuse) -law enforcement officials or judicial orders

37. Battery
Health Information
Notice of Privacy Practices
illegal touching of another person
Duty; duty of care - Derelict; breach of the duty of care - Direct cause; legally recognizable injury occurs as a result of breach of care - Damage; wrongful activity must have been the cause

38. In HIPAA language health plans - Health care clearinghouses - and all health care providers that transmit HIPAA standard transactions electronically are called covered entities. Hospitals - nursing homes - hospices - pharmacies - physician practices
law that permits a person w/ a legal age and sound mind to give their body to donation
the philosophical study of moral values and rules - conducts
Covered entities
Limited data set

39. OIG - Office of the Inspector General
individuals such as cleaning staff and consultants who work in the office. These individuals do not need access to patient info but may come in contact while completing their duties
concerned with mostly with h/c providers. It addresses fraud and abuse - administrative simplification and medical liability
Patient Identifiable Information
safeguards health & wealthfare of Medicare/Medicaid beneficiaries & protect program integrity

40. Emancipated minors

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41. General exceptions for releasing patient information
parent of a minor - legal guardian - Agent (patient selected on behalf in h/c power of attorney)
Privacy
A written set of questions requiring written answers from a plaintiff or defendant under oath
may be disclosed to public health agencies - patient identifiers are removed so it's covered by HIPAA

42. The ability to control access and protect information from accidental or intentional disclosure to unauthorized persons and from altercation - destruction - or loss
a contract that comes about from the actions of the parties rather than words
Security
security rule
What types of disclosures do not require patient permission?

43. Clearinghouse
Invasion of Privacy Publishing
same legal standards apply to all patient records whether on paper or computer
generally only patient can auth release of own medical record - there are a few exceptions
a service company that recieves electronic or paper claims from the provider - checks and prepares them for processing - and transmits them in HIPAA-complaint format to the correct carriers

44. Subpoenas
generally only patient can auth release of own medical record - there are a few exceptions
Transaction
Permission
A court order requiring someone to appear in court on a certain date time and reason. A medical record could be subpoenaed.

45. See & Copy their health records - update health records - obtain a list of the institution's disclosures - other than for payment & healthcare operations - request a restriction on a certain uses or disclosures - choose how to receive their health in
need to know
Patient rights under HIPAA
Verification
illegal touching of another person

46. HIPAA
same legal standards apply to all patient records whether on paper or computer
law concerned with public wrongs against society
Health Insurance Portability and Accountability Act of 1996 (passed by congress because of portability problems - also to protect PHI)
Health Information

47. Disabilities act

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48. Medical records can be released w/o consent to...
h/c workers --qualified people of organizations(perf. data processinf or transcript) -certain gov. auth. (pub health activities) -appropriate auth(protect vic. of abuse) -law enforcement officials or judicial orders
Type of consent in which a patient who is unable to give consent is given treatment under the legal assumption that he or she would want treatment.
may be disclosed to public health agencies - patient identifiers are removed so it's covered by HIPAA
Tort

49. Any wrongdoing for which an action for damages may be brought
Tort
malpractice
comes on after a few idle seconds and the use of a privacy screen should be mandatory
state law that protects healthcare professionals from liability when they provide emergency assistance/services within their scope of training

50. Any set of codes use to encode health care data elements.
addresses portability of insurance coverage when employees change or lose their jobs
Code sets
must be reported to authorities by law
parent of a minor - legal guardian - Agent (patient selected on behalf in h/c power of attorney)

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HIPAA

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