Issue The Health Insurance Portability and Accountability Act of 1996 was created to improve the efficiency and effectiveness of the health care system. There are numerous rules that fall under this act, which include Privacy, Security, Enforcement, Omnibus, and Breach Notification Rule. All of which set a national standards of protection, confidentiality, and integrity. HIPAA is to protect those who are patients in any medical facility. Researchers who conduct interventional clinical research have put into question the Privacy Rule and how it will affect their research activities. The Department of Health and Human Services, Food and Drug Administration and Protection of Human Subjects Regulations are advised to take measures to protect the …show more content…
Department of Health and Human Services (DHHS) to safeguard patient privacy. It protects patients’ health information (PHI) and allows patients to have control over the distribution of their information. Due to the advancement in technology and shift from paper to electronic files, the development of both state and federal laws occurred to protect the electronic health care transactions, code sets, unique health identifiers and security (DHHS, 2016). In addition, due to e-PHI a Privacy Rule was published in December 2000, to protect health information under these entities: health plans, healthcare clearinghouses, and health care providers who conduct certain health care transactions electronically. This law implements various types of health facilities; including, hospitals, doctor offices, pharmacies, health plans, and other clinical care sites (Field, p. 199). Health Care Agency Hospitals are one of many health care agencies that HIPAA impacts. These agencies consist of health providers, consumers, and health insurance usage. There is such a strong impact between HIPAA and hospitals because of the provider to patient relationship. Also, there are ton of patient files that have private information. Therefore, the need for a data backup plan, disaster recovery plan, and critical analysis is very important.
Since the formed President Bill Clinton signed HIPAA policy in to law, it has been a driving for the healthcare facilities though out the United State. This law has been shaping the healthcare facilities better conditions. HIPAA policy has causes the healthcare facilities to have document in place when a patient is admitted to the hospital seeing physician at clinic or all confidentiality document must be sign up on a admitted. When these documents signed, the patient and the others person who authorized to view any of the documents, for example: Medical records of the patient medication, diseases, tests results, etc.
On July 21, 1996, Bill Clinton signed HIPAA into law. It was passed partly because of the failure of congress to pass comprehensive health insurance legislation earlier in the decade. The general goals of HIPAA are to:
“The Health Insurance Portability and Accountability Act (HIPAA) of 1996 made it illegal to gain access to personal medical information for any reasons other than health care delivery, operations, and reimbursements” (Shi & Singh, 2008, p. 166). “HIPAA legislation mandated strict controls on the transfer of personally identifiable health data between two entities, provisions for disclosure of protected information, and criminal penalties for violation” (Clayton 2001). “HIPAA also has privacy requirements that govern disclosure of patient protected health information (PHI) placed in the medical record by physicians, nurses, and other health care providers” (Buck, 2011). Always remember conversations about a patient’s health care or treatment is a violation of HIPAA. “All PHI is included in the privacy requirements for example: the patient’s past, present or future physical or mental health or condition; the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual, and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual” (Buck, 2011). Other identifiable health information would be the patient’s name, address, birth date and Social Security Number (Keomouangchanh, 2011). (Word count 197)
During the process of research, professionals collect data or identifiable private information through intervention or interaction. While this is a vital part of the scientific and medical fields, every precaution must be taken by researchers to protect the participants' rights. Ethics, outlined by the Belmont report; requirements, described by the Department of Health and Human Services (DHHS); and regulations, laid out by the Food and Drug Administration (FDA) are verified by an Institutional Review Board (IRB). This procedure assures that all human rights are safeguarded during the entire research process.
Health Insurance Portability and Accountability Act or HIPAA is a statute endorsed by the U.S. Congress in 1996. It offers protections for many American workers which improves portability and continuity of health insurance coverage. The seven titles of the final law are Title I - Health care Access , Portability, Title II - Preventing Health Care Fraud and Abuse; administrative simplification; Medical Liability Reform; Title III – Tax-related Health Provisions; Title IV – Application and Enforcement of Group Health Plan Requirements; Title V – Revenue Offsets; Title XI – General Provisions, Peer Review, Administrative Simplification; Title XXVII – Assuring Portability, Availability and Renewability of Health Insurance Coverage. (Krager & Krager, 2008)
US Congress created the HIPAA bill in 1996 because of public concern about how their private information was being used. It is the Health Insurance Portability and Accountability Act, which Congress created to protect confidentiality, privacy and security of patient information. It was also for health care documents to be passed electronically. HIPAA is a privacy rule, which gives patients control over their health information. Patients have to give permission any health care provider can disclose any information placed in the individual’s medical records. It helps limit protected health information (PHI) to minimize the chance of inappropriate disclosure. It establishes national-level standards that healthcare providers must comply with and strictly investigates compliance related issues while holding violators to civil or criminal penalties if they violate the privacy of a person’s PHI. HIPAA also has boundaries for using and disclosing health records by covered entities; a healthcare provider, health plan, and health care clearinghouse. It also supports the cause of disclosing PHI without a person’s consent for individual healthcare needs, public benefit and national interests. The portability part of HIPAA guarantees patient’s health insurance to employees after losing a job, making sure health insurance providers can’t discriminate against people because of health status or pre-existing condition, and keeps their files safe while being sent electronically. The Privacy Rule protects individual’s health information and requires medical providers to get consent for the release of any medical information and explain how private health records are protected. It also allows patients to receive their medical records from any...
Health Information Technology for Economic and Clinical Health Act consists of several subtitles. The subtitle D of the Health Information Technology for Economic and Clinical Health Act deals with the privacy and security issues that are associated with the electronic transmission of health information. The Health Information Technology for Economic and Clinical Health Act requires that as of 2011 all healthcare providers are going to be presented with the opportunity of financial incentives for showing meaningful use of electronic health records (EHRs). The proposed incentives will be offered up until 2015 and after that, penalties may occur for the failure of representing the use of EHR. The Health Information Technology for Economic and Clinical Health Act even started grants for the training centers for all staff members that are required to support a health information technology infrastructure. (www.healthcareitnews.com).
The Health Insurance Portability and Accountability Act, most commonly known by its initials HIPAA, was enacted by Congress then signed by President Bill Clinton on August 21, 1996. This act was put into place in order to regulate the privacy of patient health information, and as an effort to lower the cost of health care, shape the many pieces of our complicated healthcare system. This act also protects individuals from losing their health insurance if they lose their employment or choose to switch employers. . Before HIPAA there was no standard or consistency for the enforcement of the privacy for patients and the rules and regulations varied by state and organizations. HIPAA virtually affects everybody within the healthcare field including but not limited to patients, providers, payers and intermediaries. Although there are many parts of the HIPAA act, for the purposes of this paper we are going to focus on the two main sections and the four objectives of HIPAA, a which are to improve the portability (the capability of transferring from one employee to another) of health insurance, combat fraud, abuse, and waste in health insurance, to promote the expanded use of medical savings accounts, and to simplify the administration of health insurance.
HIPAA and fraud & abuse tie together in the way HIPAA protects the use the PHI in the billing and coding of claim form. No matter if the patient sells their information, HIPAA is there to help protect against fraud and abuse. One way HIPAA helps prevent fraud and abuse is in the case of preforming an audit. Although the government is the top payer in the US. Payers are the ones who do the audit of the offices. They make sure that what is on the claim matches what is on the patient’s record. This is how fraud and abuse can be stopped from continuing on.
The utilization of mobile devices and cloud computing in health organizations should be committed to protecting and respecting the privacy of protected health information and understanding the importance of keeping this information confidential and secure. The electronic health records and protected health information should be managed to ensure its security, confidentiality, integrity, and availability for authorized purposes. Health Insurance Portability and Accountability Act of 1996 (HIPAA) via the mobile devices and cloud computing should maintain a process to guarantee compliance with applicable provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). All members
HIPAA is the federal Health Insurance Portability and Accountability Act of 1996. The primary goal of the law is to make it easier for people to keep health insurance, protect the confidentiality and security of healthcare information ad help the healthcare industry control administrative costs. HIPAA stands for the Health Insurance Portability and Accountability Act of 1996. HIPAA was first introduced in 1996. It was made a law by the United States Congress and signed by President Bill Clinton. The HIPAA Privacy Rule protects an individual’s medical records and other personal health information.
Under HIPAA, certain restrictions apply if and when PHI is transmitted electronically. HIPAA Security Rule requires that those subject to HIPAA maintain reasonable and appropriate administrative, technical, and physical safeguards for protecting PHI. Administrative safeguards address the implementation of office policies and procedures, staff training, and other measures designed to carry out security requirements. Physical safeguards require providers to implement policies and procedures that limit physical access to electronic and physical information systems (e.g., computers, files, etc.) and the facilities (e.g., a business office) in which the records are housed. Examples might be as simple as a lock on the door of the room in which the computers are located or as complex as a retinal scan. Technical standards require a provider to create policies and procedures that govern the technical aspects of accessing PHI within computer systems by appropriate persons, such as implementing access controls, regularly updating and running anti-virus and firewall software, using and regularly changing individual passwords, using secure transmission systems or encryption when e-mailing or transmitting patient
According to the report provided by the consultant, the employees at this facility were not taking precautions in safeguarding the patient’s health information. Therefore, the employees at this facility were in violation of the Health Insurance Portability and Accountability Act (HIPPA). It is important for employees to understand the form of technology being used and the precautions they must take to safeguard patient information.
The Health Insurance Portability and Accountability Act (HIPAA), Patient Safety and Quality Improvement Act (PSQIA), Confidential Information and Statistical Efficiency Act (CIPSEA), and the Freedom of Information Act all provide legal protection under many laws. It also involves ethical protection. The patient must be able to completely trust the healthcare provider by having confidence that their information is kept safe and not disclosed without their consent. Disclosing any information to the public could be humiliating for them. Patient information that is protected includes all medical and personal information related to their medical records, medical treatments, payment records, date of birth, gender, and
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