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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. 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.
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.
Medical data from which individual identifiers have been removed; also known as a redacted or blinded record.

2. Professional Negligence
illegal touching of another person
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.
malpractice
Examples of PHI

3. HIPAA compliance mandates that computer systems must be...
Permission
failure to act with the standard of care that a reasonable person would exercise under the same circumstances
located in a secured and private space
Encryption

4. Any wrongdoing for which an action for damages may be brought
human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS)
concerns noncriminal disputes between private parties
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
Tort

5. Criminal law
law concerned with public wrongs against society
Psychotherapy notes - information for legal proceedings - information exempted from disclosure under CLIA
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

6. Slander
Patient Identifiable Information
may be disclosed to public health agencies - patient identifiers are removed so it's covered by HIPAA
false charges and malicious oral statements about someone
Code sets

7. The limited amount of patient information to be disclosed - depending on circumstances.
Verification
Minimum necessary
Limited data set
Individually Identifiable Health Information

8. Good samaritan law
Security
substance abuse treatment
although medical records are confidential - there are times when they can be released w/o a patient consent.
state law that protects healthcare professionals from liability when they provide emergency assistance/services within their scope of training

9. Some state laws specifically protect __________. A patient would need to sign a specific request.
human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS)
Minimum necessary
Patient
generally only patient can auth release of own medical record - there are a few exceptions

10. TPO
treatment - payment - & healthcare operations
Transaction
Rule
The body of laws made by states is their own statutory laws

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

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12. A general HIPAA requirement
should never be released w/o a patient's signed consent or court order
Treatment - payment and health care operations (TPO)
Examples of PHI
Standard

13. 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
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
false charges and malicious oral statements about someone

14. All persons who will have access are required to...
have a unique password and it should be changed frequently
comes on after a few idle seconds and the use of a privacy screen should be mandatory
What types of disclosures do not require patient permission?
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

15. Protected Health Information (PHI)
Any information that would identify a patient (name - add - tele - DOB - SSN - email - med. rec. number - etc)
purpose - pride - patience - persistence - perspective
Tort
a minor - rather than the parent - must sign the release of patient information

16. Uniform anotomical gift act
What types of disclosures do not require patient permission?
may be disclosed to public health agencies - patient identifiers are removed so it's covered by HIPAA
false and malicious writing about another
law that permits a person w/ a legal age and sound mind to give their body to donation

17. Common law
located in a secured and private space
judge made law from decisions of a court - interpretation of constitution and statuatory law - often known as precedents
law that permits a person w/ a legal age and sound mind to give their body to donation
Electronic transmission

18. Implied contract
A written set of questions requiring written answers from a plaintiff or defendant under oath
state law that protects healthcare professionals from liability when they provide emergency assistance/services within their scope of training
a contract that comes about from the actions of the parties rather than words
Firewalls

19. Federal law protects patient records dealing with...
substance abuse treatment
located in a secured and private space
patient discharges doctor with letter - doctor formally withdraws from patient with a certified letter or patient no longer needs treatment
Standard

20. Doctor release of patient
patient discharges doctor with letter - doctor formally withdraws from patient with a certified letter or patient no longer needs treatment
Medical data from which individual identifiers have been removed; also known as a redacted or blinded record.
U.S. goverment
treatment - payment - & healthcare operations

21. Sending information over electronic networks.
Electronic transmission
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
Psychotherapy notes - information for legal proceedings - information exempted from disclosure under CLIA
Examples of PHI

22. 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.
same legal standards apply to all patient records whether on paper or computer
De-Identified Information
need to know
Examples of PHI

23. Policies and procedures use to protect electronic information from unauthorized access
Security
Portability
law concerned with public wrongs against society
Invasion of Privacy Publishing

24. interrogatory
Tort
Ethical
Treatment - payment and health care operations (TPO)
A written set of questions requiring written answers from a plaintiff or defendant under oath

25. Statue of limitations
law concerned with public wrongs against society
Limited data set
state laws setting time limit for bringing a lawsuit
Notice of Privacy Practices

26. Subpoenas
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
Individually Identifiable Health Information
A court order requiring someone to appear in court on a certain date time and reason. A medical record could be subpoenaed.
it must have an accompanying disclaimer stating the fax information cannot be shared with any other party w/o patient's written consent

27. A written document detailing a health care provider's privacy practices.
Examples of PHI
De-Identified Information
Notice of Privacy Practices (NPP)
may be disclosed to public health agencies - patient identifiers are removed so it's covered by HIPAA

28. Fax Machines and HIPAA
What types of disclosures do not require patient permission?
in order to maintain patient confidentiality - fax machines must be kept in areas not accessible to patients.
Insurance portability - administrative simplification - privacy and security
Portability

29. Data must be backed up at ___________ and those back-up files should be stored ________.
Firewalls
regular - in a secure location
Patient rights under HIPAA
individuals in their mid- to late teens who legally live outside of parents' or guardians' control

30. Freedom from unauthorized intrusion
comes on after a few idle seconds and the use of a privacy screen should be mandatory
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
Privacy
Notice of Privacy Practices (NPP)

31. Verify the identification of anyone requesting patient information.
concerned with mostly with h/c providers. It addresses fraud and abuse - administrative simplification and medical liability
Verification
purpose - pride - patience - persistence - perspective
substance abuse treatment

32. Medical records used for health care research

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33. Unlawful act done without permission.
Portability
Malfeasance
human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS)
purpose - pride - patience - persistence - perspective

34. 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.
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
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
Treatment - payment and health care operations (TPO)

35. HIPAA
also called biomedical ethics - the moral dilemmas and issues of advanced medicine and medical research
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
located in a secured and private space
Health Insurance Portability and Accountability Act of 1996 (passed by congress because of portability problems - also to protect PHI)

36. The person recieving treatment
safeguards health & wealthfare of Medicare/Medicaid beneficiaries & protect program integrity
testimony under oath
failure to act with the standard of care that a reasonable person would exercise under the same circumstances
Patient

37. Hardware or software designed to prevent unauthorized access to electronic information.
State preemption
Verification
Medical data from which individual identifiers have been removed; also known as a redacted or blinded record.
Firewalls

38. Conforming to proper professional behavior
Ethical
testimony under oath
Minimum necessary
law concerned with public wrongs against society

39. Includes records maintained by or for a covered entity.
false and malicious writing about another
the philosophical study of moral values and rules - conducts
regular - in a secure location
Designated record set

40. A reason for each use and disclosure of patient information.
Psychotherapy notes - information for legal proceedings - information exempted from disclosure under CLIA
individuals in their mid- to late teens who legally live outside of parents' or guardians' control
malpractice
Permission

41. Document that includes the standards
Regulations
Patient
failure to act with the standard of care that a reasonable person would exercise under the same circumstances
Rule

42. Protecting healthcare coverage for employees who change jobs - allowing them to continue existing plans with a new employer.
Invasion of Privacy Publishing
Portability
malpractice
Standard

43. The computer screen should have a screensaver that...
same legal standards apply to all patient records whether on paper or computer
Health Information
comes on after a few idle seconds and the use of a privacy screen should be mandatory
testimony under oath

44. Gunshot wound - child abuse - infectious diseases - required by law - law enforcement purposes.
What types of disclosures do not require patient permission?
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.
need to know

45. Misfeasance
have a unique password and it should be changed frequently
improper performance of an otherwise lawful act. civil
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
Covered entities

46. making known - or using information relating to the private life or affairs of a person without their approval or permission
Security
Invasion of Privacy Publishing
in order to maintain patient confidentiality - fax machines must be kept in areas not accessible to patients.
Designated record set

47. The use of uniform electronic network protocols to transfer business information between organizations.
Electronic data interchange
same legal standards apply to all patient records whether on paper or computer
Standard
State preemption

48. NPP
Transaction
should never be released w/o a patient's signed consent or court order
Encryption
Notice of Privacy Practices

49. 4d's of negligence
generally only patient can auth release of own medical record - there are a few exceptions
should only be used when no other - more secure mode of transmission is available
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
illegal touching of another person

50. Transmission of information between two parties fro financial or administrative activities.
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
Verification
Transaction
U.S. goverment

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HIPAA

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