Citi Basics Of Health Privacy

24 July 2022
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question
In the US, privacy protections for health information come from:
answer
Privacy protections come from all of these sources - both federal and state law, as well as the requirements of private certification organizations.
Explanation: There are a few different ways that privacy protections for health information come about in the United States. One way is through legislation, such as the Health Insurance Portability and Accountability Act (HIPAA). This act contains a number of provisions to protect the privacy of health information, including setting limits on who can access patient information and establishing penalties for improper disclosure of information.Another way that privacy protections can come about is through the actions of professional organizations, such as the American Medical Association (AMA). The AMA has a code of ethics that contains provisions related to the confidentiality of patient information. This code is not legally binding, but it does provide guidance to physicians on how they should handle patient information.Finally, some privacy protections for health information come from the policies of individual healthcare organizations. These policies may be based on federal or state laws, or they may be voluntarily adopted by the organization. For example, many hospitals have policies that limit the release of patient information to only those who have a legitimate need to know it.
question
Privacy, in the health information context discussed here, refers to:
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The rules about who can access health information, and under what circumstances.
Explanation: The right of individuals to have some control over how their personal health information is used and disclosed.This right is important because it helps to ensure that people's health information is used in ways that they are comfortable with and that their privacy is respected. When people feel like they have control over how their health information is used, they are more likely to feel comfortable sharing it, which can lead to better health outcomes.There are a number of ways that people can exercise control over their health information. For example, they can choose to share it only with certain people, or they can choose to keep it private and not share it with anyone. They can also choose to have their health information used for certain purposes, such as research, and they can choose to opt out of having their information used for other purposes, such as marketing.It is important to note that people do not always have complete control over their health information. For example, if they share their information with a health care provider, that provider may be required by law to disclose the information to other parties, such as insurance companies. In addition, there are some circumstances in which the law may allow or require health information to be disclosed without the person's consent, such as if the disclosure is necessary to protect the person's life or health. Privacy is an important issue in the health information context because it can impact people's willingness to share their information. If people feel like their privacy is not being respected, they may be less likely to share their information, which could lead to poorer health outcomes.
question
Under the federal HIPAA regulations, state health privacy laws:
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Remain in effect if more stringent than what HIPAA provides.
Explanation: The federal HIPAA regulations establish national standards for the protection of certain health information. However, these standards are not intended to supersede state laws that may provide stronger privacy protections. In other words, if a state law provides greater privacy protections than the federal HIPAA regulations, the state law will take precedence.
question
What kinds of persons and organizations are affected by HIPAA's requirements?
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Health care providers, health plans, and health information clearinghouses, their business associates, and the workers for those organizations.
Explanation: HIPAA's requirements affect covered entities, which are defined as health plans, health care clearinghouses, and certain health care providers. These entities must comply with HIPAA's Privacy, Security, and Breach Notification Rules.
question
HIPAA privacy protections cover identifiable personal information about the "past, present or future physical or mental health condition." What does that include?
answer
Health information in any form or medium, as long as it is identified (or identifiable) as a particular person's information.
Explanation: This includes any information about an individual's physical or mental health condition that can be used to identify them. This can include things like their medical records, test results, and any other information that is specific to their health condition.
question
When patients receive a copy of an organization's Privacy Notice, they are asked to sign an acknowledgment. Why?
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It shows they received it.
Explanation: Organizations use Privacy Notices to inform patients about their rights with respect to their health information. By signing an acknowledgment, patients are confirming that they have received and understand the organization's Privacy Notice. This helps to ensure that patients are aware of their rights and can make informed decisions about how their health information is used and disclosed.
question
What are organizations covered by the federal HIPAA privacy law expected to do?
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Organizations are expected to do all of these things.
Explanation: Organizations covered by the federal HIPAA privacy law are expected to take measures to protect the confidentiality, integrity, and availability of electronic protected health information. These measures include, but are not limited to, the following:鈥?Establishing and maintaining secure systems and facilities鈥?Restricting access to electronic protected health information to authorized users鈥?Implementing physical, technical, and administrative safeguards to protect electronic protected health information from unauthorized access, use, or disclosure鈥?Training employees on how to protect electronic protected health information鈥?Monitoring compliance with the HIPAA privacy rule鈥?Investigating and taking action against unauthorized access, use, or disclosure of electronic protected health information.
question
Which of these is not a right under HIPAA?
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To control all disclosures of information in the health record.
question
What does HIPAA's "minimum necessary" standard require of health care workers?
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All of these are covered under "minimum necessary."
Explanation: The minimum necessary standard requires health care workers to only use or disclose the minimum amount of protected health information (PHI) necessary to accomplish the intended purpose of the use or disclosure. When using or disclosing PHI, health care workers must take into account the nature and purpose of the use or disclosure, the sensitivity of the PHI, and the potential for harm to the individual if the PHI is used or disclosed improperly.
question
HIPAA's "incidental uses and disclosures" provision excuses deviations from the minimum necessary standard. What is excused?
answer
Truly accidental "excess" uses and disclosures, where reasonable caution was otherwise used and there was no negligence.
Explanation: The incidental uses and disclosures" provision excuses deviations from the minimum necessary standard if the deviation is:(1) consistent with the applicable provisions of this subpart
question
When a privacy problem is discovered, which of the following is/are true?
answer
All of the above
Explanation:The incidental uses and disclosures" provision excuses deviations from the minimum necessary standard if the deviation is:(1) consistent with the applicable provisions of this subpart
question
HIPAA allows health care organizations to control many information decisions. But where the patient retains control, which of the following is/are true?
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If a person has a right to make a health care decision, then he/she has a right to control information associated with that decision.
Explanation: HIPAA allows patients to retain control over their own medical information in a few specific ways. They can choose to have their information released to specific people or organizations, and they can also request that their information be kept confidential. Additionally, patients have the right to access their own medical records and to make corrections to any inaccurate information.
question
With respect to permissions for uses and disclosures, HIPAA divides up health information into three categories. Into which category does information related to" treatment, payment and health care operations" go?
answer
Uses or disclosures that can generally occur without any specific permission from the patient.
Explanation: The three categories of health information under HIPAA are:1. Protected health information (PHI): This is information that can be used to identify an individual and that is related to the individual's health or healthcare. PHI includes things like a person's name, address, birth date, Social Security number, and medical records.2. Individually identifiable health information (IIHI): This is information that is not PHI but that could be used to identify an individual. IIHI includes things like a person's race, ethnicity, and gender.3. De-identified health information: This is information that has been stripped of all identifying information and is therefore not PHI or IIHI. De-identified health information can be used for research and other purposes.
question
With respect to permissions for uses and disclosures, HIPAA divides up health information into three categories. Into which category do discussions with family members go?
answer
Uses or disclosures that require generally oral agreement only.
Explanation: There are three categories of health information under HIPAA: (1) Protected Health Information (PHI), (2) Individually Identifiable Health Information (IIHI), and (3) Health Information that is not PHI or IIHI. Discussions with family members would generally fall into the third category, unless the discussion discloses PHI or IIHI.
question
With respect to permissions for uses and disclosures, HIPAA divides up health information into three categories. Into which category does information related to research, marketing and fundraising go?
answer
Uses or disclosures that generally require specific written authorization.
Explanation: The three categories of health information under HIPAA are: (1) Protected Health Information (PHI), (2) Individually Identifiable Health Information (IIHI), and (3) De-identified Health Information. PHI is information that can be used to identify an individual and that is subject to restrictions on uses and disclosures. IIHI is information that can be used to identify an individual and that is not subject to restrictions on uses and disclosures. De-identified health information is information that cannot be used to identify an individual and that is not subject to restrictions on uses and disclosures.Information related to research, marketing, and fundraising would fall into the IIHI category, as it can be used to identify an individual but is not subject to restrictions on uses and disclosures.
question
Which of the following are organizations required to do under HIPAA?
answer
All of the above; Organizations are expected to do all of these things.
Explanation: There are four main organizations that are required to do under HIPAA: the Department of Health and Human Services (HHS), the Centers for Medicare and Medicaid Services (CMS), the Office for Civil Rights (OCR), and the Office of the Inspector General (OIG).