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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. Subpoenas
security rule
state laws setting time limit for bringing a lawsuit
the philosophical study of moral values and rules - conducts
A court order requiring someone to appear in court on a certain date time and reason. A medical record could be subpoenaed.

2. General exceptions for releasing patient information
parent of a minor - legal guardian - Agent (patient selected on behalf in h/c power of attorney)
De-Identified Information
Individually Identifiable Health Information
concerned with mostly with h/c providers. It addresses fraud and abuse - administrative simplification and medical liability

3. interrogatory
A written set of questions requiring written answers from a plaintiff or defendant under oath
Privacy
safeguards health & wealthfare of Medicare/Medicaid beneficiaries & protect program integrity
a minor - rather than the parent - must sign the release of patient information

4. Coded information that can't be read until is decoded.
Examples of PHI
The body of laws made by states is their own statutory laws
Notice of Privacy Practices (NPP)
Encryption

5. Statue of limitations
Limited data set
Patient
state laws setting time limit for bringing a lawsuit
Patient Identifiable Information

6. The limited amount of patient information to be disclosed - depending on circumstances.
Invasion of Privacy Publishing
it must have an accompanying disclaimer stating the fax information cannot be shared with any other party w/o patient's written consent
Covered entities
Minimum necessary

7. 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
failure to act with the standard of care that a reasonable person would exercise under the same circumstances
Electronic data interchange
state law that protects healthcare professionals from liability when they provide emergency assistance/services within their scope of training
Patient rights under HIPAA

8. 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
Covered entities
located in a secured and private space
state law that protects healthcare professionals from liability when they provide emergency assistance/services within their scope of training
false and malicious writing about another

9. Bioethics
Patient
also called biomedical ethics - the moral dilemmas and issues of advanced medicine and medical research
individuals in their mid- to late teens who legally live outside of parents' or guardians' control
malpractice

10. Gunshot wound - child abuse - infectious diseases - required by law - law enforcement purposes.
U.S. goverment
human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS)
failure to act with the standard of care that a reasonable person would exercise under the same circumstances
What types of disclosures do not require patient permission?

11. Sending information over electronic networks.
Electronic transmission
state law that protects healthcare professionals from liability when they provide emergency assistance/services within their scope of training
located in a secured and private space
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

12. Protected Health Information (PHI)
Regulations
Any information that would identify a patient (name - add - tele - DOB - SSN - email - med. rec. number - etc)
false charges and malicious oral statements about someone
only those who meed to know should have access to patient information

13. Doctor release of patient
Electronic Protected Health Information
security rule
patient discharges doctor with letter - doctor formally withdraws from patient with a certified letter or patient no longer needs treatment
need to know

14. If a states privacy laws are stricter than HIPAA privacy standards - the state laws take precedence.
State preemption
Notice of Privacy Practices (NPP)
Tort
Medical data from which individual identifiers have been removed; also known as a redacted or blinded record.

15. Negligence
a minor - rather than the parent - must sign the release of patient information
Permission
Tort
failure to act with the standard of care that a reasonable person would exercise under the same circumstances

16. Statutory
Psychotherapy notes - information for legal proceedings - information exempted from disclosure under CLIA
The body of laws made by states is their own statutory laws
should never be released w/o a patient's signed consent or court order
law concerned with public wrongs against society

17. Protected health information from which certain patient identifiers have been removed
Limited data set
Malfeasance
comes on after a few idle seconds and the use of a privacy screen should be mandatory
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

18. In order for a fax document to be HIPAA compliant...

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19. What are the 3 purposes of HIPAA?
Treatment - payment and health care operations (TPO)
Insurance portability - administrative simplification - privacy and security
Regulations
comes on after a few idle seconds and the use of a privacy screen should be mandatory

20. Emancipated minors

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21. What information do patients NOT have access to?
Psychotherapy notes - information for legal proceedings - information exempted from disclosure under CLIA
Standard
Security
Designated record set

22. Freedom from unauthorized intrusion
it must have an accompanying disclaimer stating the fax information cannot be shared with any other party w/o patient's written consent
Privacy
Patient rights under HIPAA
law that permits a person w/ a legal age and sound mind to give their body to donation

23. A reason for each use and disclosure of patient information.
Permission
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
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.
parent of a minor - legal guardian - Agent (patient selected on behalf in h/c power of attorney)

24. All persons who will have access are required to...
Health Insurance Portability and Accountability Act of 1996 (passed by congress because of portability problems - also to protect PHI)
have a unique password and it should be changed frequently
improper performance of an otherwise lawful act. civil
concerns noncriminal disputes between private parties

25. 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.
although medical records are confidential - there are times when they can be released w/o a patient consent.
Electronic Protected Health Information
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 and health care operations (TPO)

26. Fax Machines and HIPAA
also called biomedical ethics - the moral dilemmas and issues of advanced medicine and medical research
in order to maintain patient confidentiality - fax machines must be kept in areas not accessible to patients.
should only be used when no other - more secure mode of transmission is available
De-Identified Information

27. Data must be backed up at ___________ and those back-up files should be stored ________.
regular - in a secure location
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.
located in a secured and private space
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

28. The ability to control access and protect information from accidental or intentional disclosure to unauthorized persons and from altercation - destruction - or loss
What types of disclosures do not require patient permission?
safeguards health & wealthfare of Medicare/Medicaid beneficiaries & protect program integrity
security rule
The body of laws made by states is their own statutory laws

29. Implied consent
same legal standards apply to all patient records whether on paper or computer
Covered entities
De-Identified 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.

30. Privacy Officer
Permission
Any information that would identify a patient (name - add - tele - DOB - SSN - email - med. rec. number - etc)
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
judge made law from decisions of a court - interpretation of constitution and statuatory law - often known as precedents

31. Unlawful act done without permission.
false and malicious writing about another
Malfeasance
Covered entities
may be disclosed to public health agencies - patient identifiers are removed so it's covered by HIPAA

32. Transmission of information between two parties fro financial or administrative activities.
false charges and malicious oral statements about someone
generally only patient can auth release of own medical record - there are a few exceptions
located in a secured and private space
Transaction

33. 5P's of ethical power
failure to act with the standard of care that a reasonable person would exercise under the same circumstances
purpose - pride - patience - persistence - perspective
security rule
Patient Identifiable Information

34. Verify the identification of anyone requesting patient information.
testimony under oath
Verification
improper performance of an otherwise lawful act. civil
Encryption

35. DII
De-Identified Information
A court order requiring someone to appear in court on a certain date time and reason. A medical record could be subpoenaed.
failure to act with the standard of care that a reasonable person would exercise under the same circumstances
Examples of PHI

36. Protecting healthcare coverage for employees who change jobs - allowing them to continue existing plans with a new employer.
Portability
should never be released w/o a patient's signed consent or court order
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
illegal touching of another person

37. Disclosure without Consent
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
Transaction
Security
although medical records are confidential - there are times when they can be released w/o a patient consent.

38. OIG - Office of the Inspector General
safeguards health & wealthfare of Medicare/Medicaid beneficiaries & protect program integrity
Designated record set
also called biomedical ethics - the moral dilemmas and issues of advanced medicine and medical research
state law that protects healthcare professionals from liability when they provide emergency assistance/services within their scope of training

39. HI
Health Information
Covered transactions
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
purpose - pride - patience - persistence - perspective

40. Implied contract
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
a contract that comes about from the actions of the parties rather than words
Encryption
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

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

42. HIPAA states...
a minor - rather than the parent - must sign the release of patient information
also called biomedical ethics - the moral dilemmas and issues of advanced medicine and medical research
Tort
only those who meed to know should have access to patient information

43. HIPAA
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
Covered entities
Health Insurance Portability and Accountability Act of 1996 (passed by congress because of portability problems - also to protect PHI)
Notice of Privacy Practices (NPP)

44. Title I of HIPAA
addresses portability of insurance coverage when employees change or lose their jobs
Minimum necessary
purpose - pride - patience - persistence - perspective
a minor - rather than the parent - must sign the release of patient information

45. Misfeasance
need to know
Electronic Protected Health Information
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
improper performance of an otherwise lawful act. civil

46. NPP
failure to act with the standard of care that a reasonable person would exercise under the same circumstances
Security
Notice of Privacy Practices
regular - in a secure location

47. Good samaritan law
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
malpractice
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

48. 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.
Examples of PHI
failure to act with the standard of care that a reasonable person would exercise under the same circumstances
the philosophical study of moral values and rules - conducts
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.

49. Document that includes the standards
Health Information
may be disclosed to public health agencies - patient identifiers are removed so it's covered by HIPAA
A court order requiring someone to appear in court on a certain date time and reason. A medical record could be subpoenaed.
Rule

50. Under some circumstances ...
a minor - rather than the parent - must sign the release of patient information
although medical records are confidential - there are times when they can be released w/o a patient consent.
malpractice
Permission

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HIPAA

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