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HIPAA

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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. Disclosure without Consent
addresses portability of insurance coverage when employees change or lose their jobs
Notice of Privacy Practices
testimony under oath
although medical records are confidential - there are times when they can be released w/o a patient consent.

2. Subpoenas
addresses portability of insurance coverage when employees change or lose their jobs
illegal touching of another person
treatment - payment - & healthcare operations
A court order requiring someone to appear in court on a certain date time and reason. A medical record could be subpoenaed.

3. making known - or using information relating to the private life or affairs of a person without their approval or permission
Limited data set
should only be used when no other - more secure mode of transmission is available
Patient
Invasion of Privacy Publishing

4. HIPAA
Tort
Health Insurance Portability and Accountability Act of 1996 (passed by congress because of portability problems - also to protect PHI)
human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS)
regular - in a secure location

5. A written document detailing a health care provider's privacy practices.
U.S. goverment
Electronic transmission
Notice of Privacy Practices (NPP)
A written set of questions requiring written answers from a plaintiff or defendant under oath

6. Fax machines
a contract that comes about from the actions of the parties rather than words
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
testimony under oath
should only be used when no other - more secure mode of transmission is available

7. The computer screen should have a screensaver that...
comes on after a few idle seconds and the use of a privacy screen should be mandatory
in order to maintain patient confidentiality - fax machines must be kept in areas not accessible to patients.
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
regular - in a secure location

8. PII
Rule
Patient Identifiable Information
Insurance portability - administrative simplification - privacy and security
law concerned with public wrongs against society

9. Any wrongdoing for which an action for damages may be brought
Minimum necessary
judge made law from decisions of a court - interpretation of constitution and statuatory law - often known as precedents
Tort
also called biomedical ethics - the moral dilemmas and issues of advanced medicine and medical research

10. Medical records can be released w/o consent to...
located in a secured and private space
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
Health Insurance Portability and Accountability Act of 1996 (passed by congress because of portability problems - also to protect PHI)
failure to act with the standard of care that a reasonable person would exercise under the same circumstances

11. Statue of limitations
Invasion of Privacy Publishing
state laws setting time limit for bringing a lawsuit
Health Insurance Portability and Accountability Act of 1996 (passed by congress because of portability problems - also to protect PHI)
security rule

12. OIG - Office of the Inspector General
Treatment - payment and health care operations (TPO)
malpractice
safeguards health & wealthfare of Medicare/Medicaid beneficiaries & protect program integrity
it must have an accompanying disclaimer stating the fax information cannot be shared with any other party w/o patient's written consent

13. EPHI
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.
U.S. goverment
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.
Electronic Protected Health Information

14. Clearinghouse
false charges and malicious oral statements about someone
same legal standards apply to all patient records whether on paper or computer
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
Tort

15. Civil law
concerns noncriminal disputes between private parties
Every office should have one! - responsible for making surethat thise office is HIPAA compliant - privacy officer should be.. an effective communicator with ability to answer questions about sespected HIPPA violations and complaints
Patient
only those who meed to know should have access to patient information

16. Implied contract
a contract that comes about from the actions of the parties rather than words
in order to maintain patient confidentiality - fax machines must be kept in areas not accessible to patients.
concerned with mostly with h/c providers. It addresses fraud and abuse - administrative simplification and medical liability
located in a secured and private space

17. Protecting healthcare coverage for employees who change jobs - allowing them to continue existing plans with a new employer.
Portability
Designated record set
Every office should have one! - responsible for making surethat thise office is HIPAA compliant - privacy officer should be.. an effective communicator with ability to answer questions about sespected HIPPA violations and complaints
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.

18. A general HIPAA requirement
law concerned with public wrongs against society
Examples of PHI
Standard
Security

19. Transmission of information between two parties fro financial or administrative activities.
state laws setting time limit for bringing a lawsuit
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.
treatment - payment - & healthcare operations
Transaction

20. Includes records maintained by or for a covered entity.
Designated record set
improper performance of an otherwise lawful act. civil
should never be released w/o a patient's signed consent or court order
Any information that would identify a patient (name - add - tele - DOB - SSN - email - med. rec. number - etc)

21. Doctor release of patient
Minimum necessary
patient discharges doctor with letter - doctor formally withdraws from patient with a certified letter or patient no longer needs treatment
Notice of Privacy Practices
law concerned with public wrongs against society

22. Emancipated minors

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23. Electronic exchanges of information between two covered-entity business partners using HIPAA mandated transaction standards.
Covered transactions
Insurance portability - administrative simplification - privacy and security
Malfeasance
Notice of Privacy Practices

24. Key entities
Invasion of Privacy Publishing
Insurance portability - administrative simplification - privacy and security
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
security rule

25. Fax Machines and HIPAA
in order to maintain patient confidentiality - fax machines must be kept in areas not accessible to patients.
parent of a minor - legal guardian - Agent (patient selected on behalf in h/c power of attorney)
Designated record set
failure to act with the standard of care that a reasonable person would exercise under the same circumstances

26. The use of uniform electronic network protocols to transfer business information between organizations.
Invasion of Privacy Publishing
Health Information
a minor - rather than the parent - must sign the release of patient information
Electronic data interchange

27. Good samaritan law
U.S. goverment
state law that protects healthcare professionals from liability when they provide emergency assistance/services within their scope of training
Electronic Protected Health Information
Ethical

28. Implied consent
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
Examples of PHI
Privacy
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.

29. 5P's of ethical power
have a unique password and it should be changed frequently
purpose - pride - patience - persistence - perspective
concerned with mostly with h/c providers. It addresses fraud and abuse - administrative simplification and medical liability
Rule

30. Any set of codes use to encode health care data elements.
false and malicious writing about another
improper performance of an otherwise lawful act. civil
human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS)
Code sets

31. IIHI
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.
Individually Identifiable Health Information
Rule
A written set of questions requiring written answers from a plaintiff or defendant under oath

32. Under some circumstances ...
state laws setting time limit for bringing a lawsuit
a minor - rather than the parent - must sign the release of patient information
Notice of Privacy Practices
Privacy

33. What are the 3 purposes of HIPAA?
also called biomedical ethics - the moral dilemmas and issues of advanced medicine and medical research
Insurance portability - administrative simplification - privacy and security
regular - in a secure location
testimony under oath

34. If a states privacy laws are stricter than HIPAA privacy standards - the state laws take precedence.
State preemption
treatment - payment - & healthcare operations
testimony under oath
Security

35. Business Associate Agreements applies to...
Verification
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
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
Regulations

36. Misfeasance
also called biomedical ethics - the moral dilemmas and issues of advanced medicine and medical research
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
Psychotherapy notes - information for legal proceedings - information exempted from disclosure under CLIA
improper performance of an otherwise lawful act. civil

37. Uniform anotomical gift act
U.S. goverment
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.
law that permits a person w/ a legal age and sound mind to give their body to donation
a contract that comes about from the actions of the parties rather than words

38. De-Identified Information
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
Medical data from which individual identifiers have been removed; also known as a redacted or blinded record.
Psychotherapy notes - information for legal proceedings - information exempted from disclosure under CLIA
Malfeasance

39. Some state laws specifically protect __________. A patient would need to sign a specific request.
Covered entities
Firewalls
human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS)
Regulations

40. DII
it must have an accompanying disclaimer stating the fax information cannot be shared with any other party w/o patient's written consent
Limited data set
De-Identified Information
comes on after a few idle seconds and the use of a privacy screen should be mandatory

41. Gunshot wound - child abuse - infectious diseases - required by law - law enforcement purposes.
What types of disclosures do not require patient permission?
law that permits a person w/ a legal age and sound mind to give their body to donation
Health Insurance Portability and Accountability Act of 1996 (passed by congress because of portability problems - also to protect PHI)
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.

42. Advanced directives
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
it must have an accompanying disclaimer stating the fax information cannot be shared with any other party w/o patient's written consent
Every office should have one! - responsible for making surethat thise office is HIPAA compliant - privacy officer should be.. an effective communicator with ability to answer questions about sespected HIPPA violations and complaints
Patient rights under HIPAA

43. All persons who will have access are required to...
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
Covered transactions
have a unique password and it should be changed frequently
Standard

44. 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
Patient rights under HIPAA
addresses portability of insurance coverage when employees change or lose their jobs
Encryption
a contract that comes about from the actions of the parties rather than words

45. Patient records are _____________ so not all staff will have access.
A court order requiring someone to appear in court on a certain date time and reason. A medical record could be subpoenaed.
generally only patient can auth release of own medical record - there are a few exceptions
Privacy
need to know

46. Guidelines and standards made by government agencies and licensing boards that have the authority to enforce compliance
need to know
Regulations
De-Identified Information
in order to maintain patient confidentiality - fax machines must be kept in areas not accessible to patients.

47. 4d's of negligence
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
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
Designated record set
Notice of Privacy Practices (NPP)

48. Who regulates HIPAA?
patient discharges doctor with letter - doctor formally withdraws from patient with a certified letter or patient no longer needs treatment
U.S. goverment
must be reported to authorities by law
state laws setting time limit for bringing a lawsuit

49. Medical records used for health care research

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50. Statutory
Patient rights under HIPAA
The body of laws made by states is their own statutory laws
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
generally only patient can auth release of own medical record - there are a few exceptions

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HIPAA

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