HIPPA Privacy Regulation - 1. Use and disclosure of protected health information/individual identifiable
health information (PHI/IIHI)
2. Patient rights in regard to their PHI and IIHI
4. Security, both administrative and physical, of PHI and IIHI
American Recovery and Reinvestment Act (ARRA) - "The stimulus." Significant improvement in the
privacy and security standards for health info
1. Changes in HIPPA statute and privacy and security regulations
2.Changes in HIPPA enforcement
3.Provisions address health info held by entities not covered by HIPPA
4.Micellaneous: Admin, studies, report, and education initiatives
Business Associates - BA's bound by contract to use appropriate security safeguards to protect health
info they receive from covered entities
Any organization or entity that provides a service that will invoice disclosure of PHI. Any third party you
are associated with and share PHI with
Required to enter a chain of trust, agree to protect PHI
Breach Notification - Must provide notification to individuals if their health info has been breached.
Unauthorized acquisition, access, use or disclosure of PHI
No later than 60 days after discovery
Notice is required to be provided to media outlets if more that 500 individuals involved
, Right to Restrict - ARRA require covered entities and BA's honor an individuals request to restrict
disclosure of PHI to a health plan for purpose of payment or health care operations if the info pertains
solely to a health care item or service that the individual has pain in full out-of-pocket
Accounting for Disclosures - ARRA states covered entities using EHR may not exempt disclosures for
treatment, payment and healthcare operations, although the accounting need only cover the previous
three years
Prohibition on "Sale" of PHI - ARRA prohibits the direct or indirect receipt of remuneration in exchange
for an individuals PHI without an authorization from that individual
Right of Electronic Access - ARRA states covered entities using EHR must provide individual with an
electronic copy of PHI in the record, which must be transmitted directly to an entity or person specified
by the individual. Any fee charges cannot be greater than entity's labor cost in responding to the request
Marketing Communications - ARRA states covered entity is paid by and outside entity to send a
communicating to a pt, the communication is deemed to be marketing and required PA from the pt,
even if the communication falls into one of the current exceptions
Changes to Hippa Enforcement (ARRA) - 1. Direct accountability for business associates
2. Application of criminal penalties for those who obtain or disclose IIHI without authorization
3. Authorities can pursue a civil HIPPA violation in cases where criminal penalties could attach but DOJ
declines to pursue the case, civil monetary penalties can be imposed
4. Civil monetary penalties collected for HIPPA violations must be transferred to the HHS office of civil
rights to be used for enforcement purposes
5. Tiered increase and penalty structure based on level of HIPPA violation that taps out at $50,000 per
violation and $1.5 million annually
6. Secretary's audit authority to audit entities for compliance with both privacy and security rules
Breach Notification Requirements - For vendors of PHR or other non-HIPPA covered entities
In event of a breach, entities must directly notify the individuals involved
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