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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. Releasing patient information
Permission
generally only patient can auth release of own medical record - there are a few exceptions
also called biomedical ethics - the moral dilemmas and issues of advanced medicine and medical research
same legal standards apply to all patient records whether on paper or computer

2. Subpoenas
Examples of PHI
A court order requiring someone to appear in court on a certain date time and reason. A medical record could be subpoenaed.
Psychotherapy notes - information for legal proceedings - information exempted from disclosure under CLIA
Limited data set

3. 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
law that permits a person w/ a legal age and sound mind to give their body to donation
Patient rights under HIPAA
Notice of Privacy Practices (NPP)
in order to maintain patient confidentiality - fax machines must be kept in areas not accessible to patients.

4. Title I of HIPAA
illegal touching of another person
addresses portability of insurance coverage when employees change or lose their jobs
also called biomedical ethics - the moral dilemmas and issues of advanced medicine and medical research
state laws setting time limit for bringing a lawsuit

5. Titile II of HIPAA
What types of disclosures do not require patient permission?
Insurance portability - administrative simplification - privacy and security
have a unique password and it should be changed frequently
concerned with mostly with h/c providers. It addresses fraud and abuse - administrative simplification and medical liability

6. Medical records can be released w/o consent to...
Notice of Privacy Practices (NPP)
have a unique password and it should be changed frequently
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
Ethical

7. Medical records used for health care research

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8. 5P's of ethical power
illegal touching of another person
Any information that would identify a patient (name - add - tele - DOB - SSN - email - med. rec. number - etc)
Ethical
purpose - pride - patience - persistence - perspective

9. All persons who will have access are required to...
have a unique password and it should be changed frequently
What types of disclosures do not require patient permission?
Transaction
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

10. 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
patient discharges doctor with letter - doctor formally withdraws from patient with a certified letter or patient no longer needs treatment
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
concerns noncriminal disputes between private parties

11. Statue of limitations
state laws setting time limit for bringing a lawsuit
false charges and malicious oral statements about someone
may be disclosed to public health agencies - patient identifiers are removed so it's covered by HIPAA
a contract that comes about from the actions of the parties rather than words

12. A reason for each use and disclosure of patient information.
individuals in their mid- to late teens who legally live outside of parents' or guardians' control
Permission
need to know
located in a secured and private space

13. HIPAA states...
only those who meed to know should have access to patient information
malpractice
Patient
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

14. Freedom from unauthorized intrusion
Privacy
Electronic data interchange
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

15. Libel
De-Identified Information
purpose - pride - patience - persistence - perspective
malpractice
false and malicious writing about another

16. HIPAA
Health Insurance Portability and Accountability Act of 1996 (passed by congress because of portability problems - also to protect PHI)
purpose - pride - patience - persistence - perspective
only those who meed to know should have access to patient information
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

17. Reportable diseases...
Covered transactions
must be reported to authorities by law
concerns noncriminal disputes between private parties
Tort

18. Conforming to proper professional behavior
Insurance portability - administrative simplification - privacy and security
A written set of questions requiring written answers from a plaintiff or defendant under oath
Encryption
Ethical

19. Under some circumstances ...
only those who meed to know should have access to patient information
a minor - rather than the parent - must sign the release of patient information
it must have an accompanying disclaimer stating the fax information cannot be shared with any other party w/o patient's written consent
substance abuse treatment

20. Computes and HIPAA
same legal standards apply to all patient records whether on paper or computer
Privacy
Health Insurance Portability and Accountability Act of 1996 (passed by congress because of portability problems - also to protect PHI)
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. The person recieving treatment
individuals in their mid- to late teens who legally live outside of parents' or guardians' control
Patient
a contract that comes about from the actions of the parties rather than words
Psychotherapy notes - information for legal proceedings - information exempted from disclosure under CLIA

22. Emancipated minors

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23. Coded information that can't be read until is decoded.
should never be released w/o a patient's signed consent or court order
Encryption
Treatment - payment and health care operations (TPO)
Malfeasance

24. Fax machines
addresses portability of insurance coverage when employees change or lose their jobs
comes on after a few idle seconds and the use of a privacy screen should be mandatory
should only be used when no other - more secure mode of transmission is available
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

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
in order to maintain patient confidentiality - fax machines must be kept in areas not accessible to patients.
The body of laws made by states is their own statutory laws
Covered entities

26. making known - or using information relating to the private life or affairs of a person without their approval or permission
failure to act with the standard of care that a reasonable person would exercise under the same circumstances
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
Invasion of Privacy Publishing
improper performance of an otherwise lawful act. civil

27. What are the 3 purposes of HIPAA?
it must have an accompanying disclaimer stating the fax information cannot be shared with any other party w/o patient's written consent
need to know
Tort
Insurance portability - administrative simplification - privacy and security

28. 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.
Treatment - payment and health care operations (TPO)
Rule
failure to act with the standard of care that a reasonable person would exercise under the same circumstances
Verification

29. Disclosure without Consent
malpractice
state law that protects healthcare professionals from liability when they provide emergency assistance/services within their scope of training
Designated record set
although medical records are confidential - there are times when they can be released w/o a patient consent.

30. Bioethics
regular - in a secure location
need to know
also called biomedical ethics - the moral dilemmas and issues of advanced medicine and medical research
Code sets

31. Doctor release of patient
patient discharges doctor with letter - doctor formally withdraws from patient with a certified letter or patient no longer needs treatment
a minor - rather than the parent - must sign the release of patient 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.

32. Advanced directives
false charges and malicious oral statements about someone
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.
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
Patient rights under HIPAA

33. Negligence
Electronic Protected Health Information
Minimum necessary
false charges and malicious oral statements about someone
failure to act with the standard of care that a reasonable person would exercise under the same circumstances

34. Clearinghouse
Health Information
Covered entities
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
State preemption

35. Includes records maintained by or for a covered entity.
De-Identified Information
individuals in their mid- to late teens who legally live outside of parents' or guardians' control
a contract that comes about from the actions of the parties rather than words
Designated record set

36. Document that includes the standards
false charges and malicious oral statements about someone
Transaction
Rule
a contract that comes about from the actions of the parties rather than words

37. Statutory
it must have an accompanying disclaimer stating the fax information cannot be shared with any other party w/o patient's written consent
The body of laws made by states is their own statutory laws
Permission
Electronic Protected Health Information

38. The use of uniform electronic network protocols to transfer business information between organizations.
located in a secured and private space
false charges and malicious oral statements about someone
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
Electronic data interchange

39. Some state laws specifically protect __________. A patient would need to sign a specific request.
state law that protects healthcare professionals from liability when they provide emergency assistance/services within their scope of training
parent of a minor - legal guardian - Agent (patient selected on behalf in h/c power of attorney)
human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS)
Electronic Protected Health Information

40. The computer screen should have a screensaver that...
state laws setting time limit for bringing a lawsuit
comes on after a few idle seconds and the use of a privacy screen should be mandatory
should never be released w/o a patient's signed consent or court order
a contract that comes about from the actions of the parties rather than words

41. The ability to control access and protect information from accidental or intentional disclosure to unauthorized persons and from altercation - destruction - or loss
human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS)
false and malicious writing about another
Permission
security rule

42. Guidelines and standards made by government agencies and licensing boards that have the authority to enforce compliance
Regulations
Medical data from which individual identifiers have been removed; also known as a redacted or blinded record.
Patient
safeguards health & wealthfare of Medicare/Medicaid beneficiaries & protect program integrity

43. Implied consent
judge made law from decisions of a court - interpretation of constitution and statuatory law - often known as precedents
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.
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
regular - in a secure location

44. Common law
judge made law from decisions of a court - interpretation of constitution and statuatory law - often known as precedents
A court order requiring someone to appear in court on a certain date time and reason. A medical record could be subpoenaed.
State preemption
malpractice

45. Any wrongdoing for which an action for damages may be brought
Health Information
law concerned with public wrongs against society
patient discharges doctor with letter - doctor formally withdraws from patient with a certified letter or patient no longer needs treatment
Tort

46. DII
law concerned with public wrongs against society
need to know
De-Identified Information
false charges and malicious oral statements about someone

47. Misfeasance
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
in order to maintain patient confidentiality - fax machines must be kept in areas not accessible to patients.
improper performance of an otherwise lawful act. civil
located in a secured and private space

48. Uniform anotomical gift act
law that permits a person w/ a legal age and sound mind to give their body to donation
Invasion of Privacy Publishing
Medical data from which individual identifiers have been removed; also known as a redacted or blinded record.
Electronic transmission

49. If a states privacy laws are stricter than HIPAA privacy standards - the state laws take precedence.
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
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
Medical data from which individual identifiers have been removed; also known as a redacted or blinded record.
State preemption

50. A written document detailing a health care provider's privacy practices.
The body of laws made by states is their own statutory laws
Notice of Privacy Practices (NPP)
Designated record set
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

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HIPAA

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