It specifically supported HIPAA's provisions for small-group and individual market reforms, the long-term care insurance tax incentives, the medical savings account demonstration project, and the standards for the electronic transmission of health information. The federal law that previously required standard formats in obtaining health care transactions through electronic means and protecting patient privacy will enforce a new security mandate by April 2005 (Chin 2004)
If there is no change of job, the health plan may not exclude coverage for any pre-existing conditions for more than 12 months from the date it becomes subject to HIPAA provisions (EBSA). HIPAA has been hailed for its response to the urgent call for medical privacy in the electronic age (Gellman 2003)
It would also benefit the organization to have someone from the Information Systems department head the committee. These individuals are "best equipped to commence the process by creating, distributing and collecting" information that will help keep the organization in proper accordance because they are so in tune with what needs to occur (Bell, 2001, p
PACS is a field wide ability to produce medical imaging results to physicians faster than ever before in history. It allows the instant transmission of data to parties at the other end of the connection (Gater, 2004)
gov/ocr/hipaa/). While HIPAA is undeniably useful for the purpose of protecting the privacy of health care consumers in America it placed a significant burden on the health care industry with regards to its implementation (Glaser, 2000)
In addition the proper use of the system provides privacy and security so that it complies with the measures mandated by HIPAA. Before PACS came on the scene the field of medical imaging was fraught with issues because of time delays between having the procedure done and getting the results to the doctors and other health care professionals that needed them to make important health care decisions for their patients (Kywi, 2005)
While the Privacy Rules were not aimed at regulating non-medical employers, employers who sponsor group health plans are affected, de-pending on whether the employer: (1) is fully insured or self-insured; and (2) creates or receives Protected Health Information. Protected Health Information (PHI) is defined to include all individually identifiable health information held or transmitted by a covered entity or business associate electronically or in other forms (Amatayakul, 2000)
There are some exceptions. One important PHI exception is that the Privacy Rules do not apply to employment records, including medical information employers use to comply with various disability laws, such as American Disabilities Act (ADA), and workers' compensation, or to administer workplace disability policies, or substance abuse rules (Lax, 2002)
A covered entity might test an individual for such exposure at the request of the employer and then could disclose that test result to the employer without authorization from the individual. While the individual does not need to give authorization, the covered health care provider is required to give written notice to the individual that his or her PHI related to the health care service provided will be disclosed to the employer (LePar, 2004)
The privacy rule imposes conditions for the disclosure of medical information but it does not restrict the use of information or treatment, payment, and for public health purposes. (Chaikind, 2004) On account of this if the information was given to the friend on a consultation basis there is no offence committed if it did not include passing on of the information to any other purpose except for an opinion
" Like wise they may also disclose health information to another covered entity or a health care provider, and in some cases for consultation. (Krause, 2012) Except these other type of disclosures require the individual's authorization as per sec 45 CFR 164
This was the actual criminal attempt with medical information and such cases involve conviction and sentences. (McQuarrie, 2007) On the other hand there is no criminality involved in he case of Williams, it is only a default if at all it can be shown that the information was conveyed to a stranger
The Reason and Importance of HIPAA As abovementioned, HIPAA preserves workers' insurance coverage who change or lose their jobs; establishes security standards for electronically transmitted information among providers, insurance companies and employers; protects patient health information; requires patient information about their rights; and standardizes the disclosure of patient information. Simplifying, the reasons for implementing HIPAA are to reduce waste and fraud, increase efficiency, facilitate data analysis, and to insure privacy and security (Czaja, 2012)
In recognition of the importance of such standards, Congress gave the Secretary the authority to promulgate regulations on healthcare privacy in case lawmakers would not be able to act on this matter within the three years allotted by law (HIPAA Specialists). Importance Delivered by Congress in 1996, the Act would protect the health insurance coverage of workers and their families while between jobs (Fortuna, 2012)
Requests that satisfy the minimum necessary standard may be from a public official, a professional, or a researcher needing it for documentation or representation for research (OCR). Court Decisions The OCR implements the HIPAA Privacy Rule in order to make people aware of privacy rights (Keilholtz, 2012)
All required staff training must be sufficiently task-specific that it address the full range of information and vocational responsibilities of employees (whether paid or unpaid). Finally, all HIPAA training must include new hires and periodic updates on a continual basis, as necessitated by specific job requirements and any future HIPAA rule changes (Levine, 2008; USDHHSOCR, 2003)
Except for the formal requirement for written requests, HIPAA rules do not change patient access to records. The sole purpose of formal written requirements is not to limit or complicate patient access to medical records but only to protect information against unauthorized release and to establish a formal request record for the same reason (Tong, 2007)
Additionally, federal law imposes fines up to $25,000 for certain patterns of repeated violations within a single calendar year as well as fines up to $250,000 and/or imprisonment up to 10 years for purposeful misuse of individually identifiable health information (Stanhope & Lancaster 2004). Generally, employee HIPAA training includes general awareness of privacy rules, principles, and organizational policies designed to ensure the privacy of PHI; more specifically, elements of that training may differ among different employees based on their job description and their degree of access to PHI, as well as on the different types of PHI they can be reasonably be expected to encounter in performance of their vocational duties and responsibilities (Kutkat 2004)
In that regard, they must promote initial awareness of HIPAA requirements within the organization and conduct comprehensive assessment of existing privacy practices, information security, information safeguarding procedures, and use of electronic transfers. Furthermore, they must also develop an action plan relating to compliance with each HIPAA rule and develop technical and managerial oversight for sufficient compliance and implementation of action plan components (Stanhope & Lancaster 2004)
Patient requests for a few specific types of PHI may be refused by the healthcare entity, such as psychotherapy notes as well as information considered to be potentially harmful to the patient or to other individuals. In that case, the patient has the right to have the denied request reviewed for a second opinion from a licensed healthcare professional (Thacker 2003)