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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. Titile II of HIPAA
concerned with mostly with h/c providers. It addresses fraud and abuse - administrative simplification and medical liability
judge made law from decisions of a court - interpretation of constitution and statuatory law - often known as precedents
Privacy
Electronic transmission

2. Data must be backed up at ___________ and those back-up files should be stored ________.
state law that protects healthcare professionals from liability when they provide emergency assistance/services within their scope of training
concerned with mostly with h/c providers. It addresses fraud and abuse - administrative simplification and medical liability
regular - in a secure location
substance abuse treatment

3. Medical records used for health care research

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4. The use of uniform electronic network protocols to transfer business information between organizations.
Electronic data interchange
a minor - rather than the parent - must sign the release of patient information
Designated record set
concerns noncriminal disputes between private parties

5. Coded information that can't be read until is decoded.
only those who meed to know should have access to patient information
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.
Encryption
substance abuse treatment

6. OIG - Office of the Inspector General
Rule
law concerned with public wrongs against society
Electronic transmission
safeguards health & wealthfare of Medicare/Medicaid beneficiaries & protect program integrity

7. Slander
A court order requiring someone to appear in court on a certain date time and reason. A medical record could be subpoenaed.
false charges and malicious oral statements about someone
also called biomedical ethics - the moral dilemmas and issues of advanced medicine and medical research
safeguards health & wealthfare of Medicare/Medicaid beneficiaries & protect program integrity

8. Conforming to proper professional behavior
patient discharges doctor with letter - doctor formally withdraws from patient with a certified letter or patient no longer needs treatment
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.
Examples of PHI
Ethical

9. Disclosure without Consent
Psychotherapy notes - information for legal proceedings - information exempted from disclosure under CLIA
Medical data from which individual identifiers have been removed; also known as a redacted or blinded record.
parent of a minor - legal guardian - Agent (patient selected on behalf in h/c power of attorney)
although medical records are confidential - there are times when they can be released w/o a patient consent.

10. interrogatory
Health Insurance Portability and Accountability Act of 1996 (passed by congress because of portability problems - also to protect PHI)
Any information that would identify a patient (name - add - tele - DOB - SSN - email - med. rec. number - etc)
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
A written set of questions requiring written answers from a plaintiff or defendant under oath

11. Policies and procedures use to protect electronic information from unauthorized access
Verification
Security
Rule
substance abuse treatment

12. De-Identified Information
Medical data from which individual identifiers have been removed; also known as a redacted or blinded record.
illegal touching of another person
safeguards health & wealthfare of Medicare/Medicaid beneficiaries & protect program integrity
although medical records are confidential - there are times when they can be released w/o a patient consent.

13. The limited amount of patient information to be disclosed - depending on circumstances.
De-Identified Information
Minimum necessary
state laws setting time limit for bringing a lawsuit
Electronic data interchange

14. What are the 3 purposes of HIPAA?
Electronic Protected Health Information
patient discharges doctor with letter - doctor formally withdraws from patient with a certified letter or patient no longer needs treatment
Malfeasance
Insurance portability - administrative simplification - privacy and security

15. Subpoenas
Electronic data interchange
located in a secured and private space
Designated record set
A court order requiring someone to appear in court on a certain date time and reason. A medical record could be subpoenaed.

16. Clearinghouse
Standard
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
Notice of Privacy Practices (NPP)
Ethical

17. IIHI
Individually Identifiable Health Information
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.
Transaction

18. Patient records are _____________ so not all staff will have access.
Malfeasance
The body of laws made by states is their own statutory laws
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
need to know

19. Criminal law
false charges and malicious oral statements about someone
law concerned with public wrongs against society
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
state law that protects healthcare professionals from liability when they provide emergency assistance/services within their scope of training

20. Gunshot wound - child abuse - infectious diseases - required by law - law enforcement purposes.
need to know
What types of disclosures do not require patient permission?
Treatment - payment and health care operations (TPO)
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

21. 4d's of negligence
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
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
it must have an accompanying disclaimer stating the fax information cannot be shared with any other party w/o patient's written consent
Examples of PHI

22. Sending information over electronic networks.
Regulations
should never be released w/o a patient's signed consent or court order
The body of laws made by states is their own statutory laws
Electronic transmission

23. Freedom from unauthorized intrusion
purpose - pride - patience - persistence - perspective
Privacy
Limited data set
it must have an accompanying disclaimer stating the fax information cannot be shared with any other party w/o patient's written consent

24. Confidentiality

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25. Key entities
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
illegal touching of another person
may be disclosed to public health agencies - patient identifiers are removed so it's covered by HIPAA
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

26. Business Associate Agreements applies to...
generally only patient can auth release of own medical record - there are a few exceptions
Designated record set
Treatment - payment and health care operations (TPO)
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

27. Name - address - date of birth - phone/fax numbers - social security number - medical record number - and photographs - nursing and physician notes - billing and other treatment records used during a patient's visit in a hospital or office.
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
treatment - payment - & healthcare operations
purpose - pride - patience - persistence - perspective
Examples of PHI

28. Professional Negligence
parent of a minor - legal guardian - Agent (patient selected on behalf in h/c power of attorney)
The body of laws made by states is their own statutory laws
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
malpractice

29. Under some circumstances ...
need to know
a minor - rather than the parent - must sign the release of patient information
Portability
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.

30. Any wrongdoing for which an action for damages may be brought
Malfeasance
individuals in their mid- to late teens who legally live outside of parents' or guardians' control
judge made law from decisions of a court - interpretation of constitution and statuatory law - often known as precedents
Tort

31. Disabilities act

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32. A general HIPAA requirement
Standard
state law that protects healthcare professionals from liability when they provide emergency assistance/services within their scope of training
testimony under oath
judge made law from decisions of a court - interpretation of constitution and statuatory law - often known as precedents

33. Who regulates HIPAA?
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.
also called biomedical ethics - the moral dilemmas and issues of advanced medicine and medical research
Malfeasance

34. Includes records maintained by or for a covered entity.
must be reported to authorities by law
treatment - payment - & healthcare operations
Designated record set
Health Insurance Portability and Accountability Act of 1996 (passed by congress because of portability problems - also to protect PHI)

35. 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
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
patient discharges doctor with letter - doctor formally withdraws from patient with a certified letter or patient no longer needs treatment
Covered entities
Minimum necessary

36. DII
Invasion of Privacy Publishing
De-Identified Information
improper performance of an otherwise lawful act. civil
Health Insurance Portability and Accountability Act of 1996 (passed by congress because of portability problems - also to protect PHI)

37. Document that includes the standards
Examples of PHI
malpractice
individuals in their mid- to late teens who legally live outside of parents' or guardians' control
Rule

38. Implied consent
Notice of Privacy Practices
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
patient discharges doctor with letter - doctor formally withdraws from patient with a certified letter or patient no longer needs treatment

39. If a states privacy laws are stricter than HIPAA privacy standards - the state laws take precedence.
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
State preemption
Notice of Privacy Practices
Any information that would identify a patient (name - add - tele - DOB - SSN - email - med. rec. number - etc)

40. The ability to control access and protect information from accidental or intentional disclosure to unauthorized persons and from altercation - destruction - or loss
security rule
A court order requiring someone to appear in court on a certain date time and reason. A medical record could be subpoenaed.
Electronic transmission
Electronic Protected Health Information

41. EPHI
Encryption
it must have an accompanying disclaimer stating the fax information cannot be shared with any other party w/o patient's written consent
De-Identified Information
Electronic Protected Health Information

42. Civil law
concerns noncriminal disputes between private parties
security rule
must be reported to authorities by law
What types of disclosures do not require patient permission?

43. Privacy Officer
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
it must have an accompanying disclaimer stating the fax information cannot be shared with any other party w/o patient's written consent
malpractice
state law that protects healthcare professionals from liability when they provide emergency assistance/services within their scope of training

44. Federal law protects patient records dealing with...
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
same legal standards apply to all patient records whether on paper or computer
false and malicious writing about another
substance abuse treatment

45. Medical records can be released w/o consent to...
law that permits a person w/ a legal age and sound mind to give their body to donation
Any information that would identify a patient (name - add - tele - DOB - SSN - email - med. rec. number - etc)
should only be used when no other - more secure mode of transmission is available
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

46. The person recieving treatment
Covered transactions
treatment - payment - & healthcare operations
Patient
Psychotherapy notes - information for legal proceedings - information exempted from disclosure under CLIA

47. What information do patients NOT have access to?
Psychotherapy notes - information for legal proceedings - information exempted from disclosure under CLIA
Firewalls
Ethical
individuals in their mid- to late teens who legally live outside of parents' or guardians' control

48. Doctor release of patient
patient discharges doctor with letter - doctor formally withdraws from patient with a certified letter or patient no longer needs treatment
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
U.S. goverment
security rule

49. Ethics
the philosophical study of moral values and rules - conducts
Covered entities
Notice of Privacy Practices (NPP)
malpractice

50. Reportable diseases...
a contract that comes about from the actions of the parties rather than words
must be reported to authorities by law
failure to act with the standard of care that a reasonable person would exercise under the same circumstances
Examples of PHI

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HIPAA

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