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A physician tells his or her spouse that he saw their neighbor in the hospital. Take the Quiz to View the Answers! We work with thousands of hospitals, medical practices, and organizations across the United States and its territories that need...
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Can a provider use the database to access the medical record of a patient who was seen by another provider in the same organization? A hospital administrator needs to access patient data to create a report about how many patients were treated for...
Is The Following True/false?
Something that you find in a zoo next to the elephants. The law passed by Congress that gave the U. Correct D. Incorrect D. Question 2 of 20 2. Question What is PHI? Protected Health Information, as defined under the DHHS Privacy Regulations, which requires individually identifiable health information to be protected. Pretty Hot Item C. Three letters of the alphabet. Confidential consumer information that covered entities, such as your employer, must protect.
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HIPAA Compliance Guide: All Your Questions Answered
D is almost correct, but covered entities do not have to protect all confidential consumer information under HIPAA, only that portion of such information that is PHI. Question 3 of 20 3. One 1 week as a day care director. Correct A is correct as being the maximum penalty for improperly using or disclosing individually identifiable health information for commercial advantage, personal gain, or malicious harm. D is the penalty for such use or disclosure that is not for the improper reasons specified in A. Incorrect A is correct as being the maximum penalty for improperly using or disclosing individually identifiable health information for commercial advantage, personal gain, or malicious harm. Question 4 of 20 4. Question HIPAA requires me to take immediate action, such as intervening and reporting to the proper authority, if I suspect or detect: A.
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True Or False, Privacy Rule Protects Electronic, Written And Oral PHI.
A breach of patient confidentiality. All of the above. Correct D is correct. All of the obligations are required. Incorrect D is correct. Question 6 of 20 HIPAA means that we can ignore other federal and state laws protecting health information. True B. False Correct B. Incorrect B. Question 7 of 20 7. Question 8 of 20 8. You may be subject to employee discipline for failure to take corrective action when a coworker breaches HIPAA or for failure to report the breach.
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Examples Of HIPAA Violations And Common Scenarios
Question 9 of 20 9. False Correct A. Incorrect A. Question 10 of 20 Which of the following must I be familiar with? Health Information Disaster Plan. Emergency Mode Operation Plan. Report Procedure. Question 11 of 20 Question 12 of 20 Question Technical security measures, such as encryption, firewalls, antivirus software, and the like, are the only methods of protecting electronic PHI. Not only are technical security measures not the only measures, but also they may actually be the least effective. Physical security is very important. If a person cannot access a terminal, he or she cannot attempt to defeat a log-on procedure. Similarly, administrative security measures, such as a sanction policy to control behavior—to force workers to follow policies and procedures—may be more effective than technical security measures.
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Basic HIPAA Quiz Exam!
A section at the end of the chapter also describes the relationships between HIPAA and other federal and state laws. Because a great deal of health research in the United States is also subject to the Common Rule described in Chapter 3 , disparities between these two federal rules are also noted where relevant throughout the chapter. It was intended to make health care delivery more efficient and to increase the number of Americans with health insurance coverage. These objectives were pursued through three main provisions of the Act: 1 the portability provisions, 2 the tax provisions, and 3 the administrative simplification provisions.
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TEST QUESTIONS LESSON #1 - TENET'S PRIVACY POLICIES
The portability provisions also aimed to reduce the number of unemployed or self-employed individuals without health insurance by making it easier for individuals to purchase health insurance without their employer. Similarly, the tax provisions of HIPAA were also intended to make it easier for individuals to maintain health insurance. The tax provisions pursued this goal by modifying existing tax laws to make health insurance more affordable.
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NR 661 HIPAA Quiz: Questions And Answers (2021) All Answers Correct.
HIPAA does not regulate the price of health insurance, but rather, it relies on tax breaks and other tax incentives to reduce health care costs Chaikind et al. Department of Health and Human Services HHS to issue several regulations concerning the electronic transmission of health information. These provisions were included in the final version of HIPAA because health plans had requested federal legislation in this area from Congress. The use of electronic health information was expanding in the early s, and the health care industry was unable to standardize the process and use of electronic health information without federal action.
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HIPAA Risk Assessment
Unique health identifiers are national numbers that could be used to identify the individual or organization in standard health transactions. However, Congress has prevented CMS from implementing a standard for the unique health identifier for patients by inserting language into the annual appropriations bill every year since HIPAA was enacted Chaikind et al. Finally, the administrative simplification provisions of HIPAA mandated the creation of privacy standards for the protection of personally identifiable medical information.
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HIPAA / Confidentiality Test
Although privacy protections were not a primary objective of the Act, Congress recognized that advances in electronic technology could erode the privacy of health information, and included the privacy provision in HIPAA IOM, In accordance with the administrative simplification provisions, HHS developed the Privacy Rule, which constitutes a broad-ranging federal health privacy regulation see Table Incorporating many of the basic fair information practices, 2 the Privacy Rule generally restricts the use or disclosure of protected health information, except as permitted by the individual or as authorized or required by the Privacy Rule.
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Test Your HIPAA Knowledge [QUIZ]
Its provisions also impose on covered entities affirmative requirements to safeguard the information in their possession. The Privacy Rule gives individuals certain rights with respect to their health information reviewed by Pritts, In these recommendations, Secretary Shalala advocated for the passage of federal privacy legislation, rather than relying on HHS to pass a set of privacy regulations. Although numerous bills that attempted to address health information privacy were introduced, Congress was unable to finalize privacy legislation on the time schedule mandated in HIPAA.
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HIPAA Quiz Questions And Answers
During the congressional session alone, eight such bills were introduced. However, none of these bills was passed. As a result, Congress passed the responsibility of creating health privacy protections to HHS. First, HHS issued a proposed version of the Privacy Rule for public comment on November 3, , that drew more than 50, comments Stevens, Health care insurers and providers were concerned that the Privacy Rule would make health care industry operations less efficient. They were particularly concerned about the requirement that they obtain authorization prior to making any routine disclosure of personally identifiable health information for health care operations, treatment, or payment. The comments received also suggested that this version of the Privacy Rule would prevent pharmacists from filling prescriptions and searching for potential drug interactions before patients arrived at pharmacies; interfere with providing emergency medicine in situations where it would be impossible to obtain patient authorization before treatment; and delay the scheduling and preparation of hospital procedures until the doctor could obtain patient authorization.
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This version of the Privacy Rule drew more than 24, comments. Incorporating the suggestions collected through the second notice of proposed rule-making period, HHS issued the final version of the Privacy Rule in August 14, Most health care providers and health plans were required to be in compliance with this version of the Privacy Rule by April 14, Small health plans were given until April 14, , to be in compliance.
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Individuals’ Right Under HIPAA To Access Their Health Information 45 CFR § 164.524
Covered entities include health care providers, health plans, and health care clearinghouses. Health plans are entities that provide or pay the cost of medical care, such as private health insurers or managed care organizations, and governmental payors and health programs such as Medicaid, Medicare, or Veterans Affairs. Health care clearinghouses generally refer to billing services, and health care providers include hospitals, doctors, and other health care professionals and facilities that provide treatment Table For example, if a university includes an academic medical center with a hospital, the entire university will be classified as a covered entity unless the university elects to be a hybrid entity by designating only the hospital as the health care component.
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By doing this, only the hospital has to comply with the Privacy Rule. The classification of researchers within a hybrid entity depends on the nature of the work performed e. Type of Information Protected The Privacy Rule protects all personally identifiable health information, known as protected health information PHI , created or received by a covered entity. It also does not apply to information that has been deidentified in accordance with the Privacy Rule 12 see later section on Deidentified Information.
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Is The Following True/false? - ProProfs Discuss
A covered entity must obtain assurances in writing that the business associate will: 1 use the information only for the purposes for which it was engaged by the covered entity; 2 safeguard the information from misuses; more In the case of public health practice, the Privacy Rule notes that there is a legitimate need for public health authorities and others working to ensure the health and safety of the public to have access to PHI. As a result, the Privacy Rule permits, but does not require, 22 covered entities to disclose PHI without authorization for specified public health purposes Box Disclosures for research are discussed in detail in subsequent sections of this chapter.
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HIPAA Compliance Checklist
Examples of such use of information include … the transfer of information from a health plan to an organization for the sole purpose of conducting health care-related research. Congress, a , b. One option considered was exempting PHI used in research from the regulations, but HHS rejected this option, noting some reported shortcomings of the protection of the privacy and confidentiality of health information in research reviewed by Pritts, General Accounting Office report prepared in anticipation of federal health privacy legislation noted that confidentiality protections were not a major thrust of the Common Rule , and oversight boards tended to give confidentiality less attention than other research risks because they had the flexibility to decide when it was appropriate to review confidentiality protection issues GAO, HHS also considered requiring researchers to obtain individual authorization in all situations where a covered entity might want to disclose PHI for research.
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HIPAA Questions And Answers (Q&A)
But this option would have made many research projects nearly impossible to carry out. Instead, HHS created the current system, which attempted to protect individual privacy while still allowing researchers access to data. In proposing the Privacy Rule, HHS acknowledged that ideally, it would have preferred to directly regulate researchers by extending the protections of the Common Rule to nonfederally funded research and imposing additional criteria for the waiver of authorization in research. The following sections provide a detailed overview of the Privacy Rule provisions regulating research, along with comparisons to the provisions of the Common Rule see Chapter 3 for a general overview of the Common Rule.
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Research Uses and Disclosures with Individual Authorization Individuals may voluntarily authorize the use and disclosure of their PHI for essentially any reason, including for research purposes. The authorization must also be written in plain language, and contain core elements e. In contrast, informed consent describes the potential risks and benefits of research and seeks permission to involve the subject, although it also provides research participants with a description of how the confidentiality of the research records will be protected. In contrast, under the Common Rule , IRBs are required to review and approve informed consent documents for human subjects research. However, if the authorization is combined in the same document as the informed consent document, then IRB approval must be sought for the combination HHS, c. The Common Rule requires IRBs to review research projects involving human subjects for risk of harm to the subjects and to ensure that the more Authorization of Future Research Under the Common Rule , it is permissible to obtain patient consent for future research with biological samples or information stored in databases, with oversight by an IRB, if such future uses are described in sufficient detail to allow an informed consent.
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Historically, IRBs typically have tried to craft informed consent language on a case-by-case basis to allow for some measure of consent to future, largely unspecified research uses, but also to require some level of detail with respect to the categories of types of uses of the information or specimens, and to emphasize confidentiality protections for identified data and tissues Barnes and Heffernan, For example, a consent form may specify that the tissue will be kept for research to learn about, prevent, or treat the type of cancer that affects the subject. However, such language is too general to comply with the more stringent HIPAA authorization requirements. For example, the creation and maintenance of a biospecimen bank or database is considered a specific research activity under the Privacy Rule, but authorization for any future studies undertaken with the data or materials cannot be sought at the time of collection.
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Summary Of The HIPAA Security Rule
However, the process of recontacting individuals whose biospecimens are stored to obtain consent for each and every research project for which the samples could be used is widely viewed as impractical, if not impossible, especially as more and more samples are collected. This situation can be quite problematic for studies using stored biological samples Barnes and Heffernan, ; Bledsoe, ; Rosati, ; Rothstein, However, the committee recommends that this discordance between the Privacy Rule and the Common Rule be eliminated through guidance explicitly stating that future research may go forward if the authorization describes the types or categories of research that may be conducted with the PHI stored in a biospecimen bank or database, and if an IRB or Privacy Board determines that the proposed new research is not incompatible with the initial consent and authorization and poses no greater than minimal risk to the privacy of individuals Wendler, Future consent for research is ethically valid if appropriate security measures are in place, donors have the right to withdraw consent, and new studies are reviewed and approved by an IRB or Privacy Board Hansson et al.
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Your Rights To Your Medical Records Under HIPAA
Furthermore, a prohibition on future consent actually limits individual autonomy. If individuals desire to authorize the use of their PHI for future research, they should be able to do so. HHS came to this conclusion through a complex series of interpretive steps reviewed by Rosati, First, it is generally not permissible to condition treatment on the provision of an authorization, although the Privacy Rule does permit a covered entity to condition treatment in a clinical trial on signing an authorization. Thus, HHS has determined that the two authorizations cannot be combined in one form unless the form has separate signature lines for each authorization, and the text clearly delineates the two activities and states that the participant is not required to sign the portion authorizing the contribution of PHI to the repository. Ideally, all relevant information pertaining to authorization should be integrated into one simple document, but there is much confusion about these complex provisions of the HIPAA Privacy Rule Rosati, Some institutions require two complete authorization forms with all the attendant language rather than two signature lines on the same form.
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21 Best HIPAA Questions And Answers (Q&A) - ProProfs Discuss | Page 1
The excess paperwork that results is burdensome for patients, can reduce the informed nature of authorization by confusing patients, and may reduce patient participation in research. The committee believes that guidance from HHS to clearly indicate that a single authorization form with two signature lines is permissible in such circumstances would reduce variability and increase the informed nature of authorization. It also recognized the potential for selection bias see Box when authorization is required.
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15 Questions To Answer For HIPAA Compliance
In light of these factors, HHS concluded that there were circumstances under which it is appropriate to disclose PHI for research without authorization. A complete waiver of authorization means that no authorization is required for the covered entity to use and disclose PHI. A partial waiver means that the IRB or Privacy Board determined that a covered entity does not need authorization for the uses and disclosure of the PHI for one part of a research project, but does need to obtain authorization from patients for another part of the project. However, if only a partial waiver of authorization is granted, the researchers will need to obtain HIPAA authorization before the PHI for each individual patient is used for the research project. An IRB or Privacy Board may also approve a request for an alteration that removes some, but not all, required elements of an authorization, using the same criteria for a waiver of authorization.
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HIPAA Awareness Quiz Survey
The final and codified provisions above share only some of the language used in the Common Rule 40 to determine whether it is allowable to alter the elements of informed consent or to waive the requirement of obtaining informed consent. This difference can create a challenge for the IRB decision-making process Rothstein, One focus group study indicated that patients may find it appropriate to consider two factors in determining whether it is practicable to conduct the research without the waiver of authorization: whether having to contact each patient first would 1 make the study less scientifically valid or 2 make the results less useful in improving medical care i.
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True Or False, Privacy Rule Protects Electronic, Written And Oral PHI. | Wyzant Ask An Expert
There are also no clear standards regarding what constitutes adequate protection of privacy, or what constitutes a minimal risk to privacy. The concept of minimal risk implies that there is a risk threshold, above which protections should be stricter. However, clearly defining the threshold is problematic. If the current waiver criteria are to be retained, the IOM committee believes that a clear and reasonable definition of practicability, along with specific case examples of what should or should not be considered impracticable or of minimal risk, could perhaps reduce variability and overly conservative interpretation of these provisions. Simplification or clarification of the waiver criteria would be especially helpful for multi-institutional studies, which fall under the jurisdiction of multiple IRBs or Privacy Boards. Covered entities are permitted to rely on a waiver of authorization approved by a single IRB or Privacy Board with jurisdiction.
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Hipaa Test Answers True Or False
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