Certified Hipaa Professional Chp
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HIPAA
Health Insurance Portability and Accountability Act
Date HIPAA legislation Passed
August 21, 1996
What is HIPAA also known as?
The Kennedy-Kassembaum Bill
What are the 5 key items that HIPAA addresses
1) Improve Insurance portability and continuity, 2) Combat healthcare waste, fraud, and abuse, 3) Promote medical savings accounts, 4)Improve access to long-term care, 5) Simplify the administration of health insurance
What are the four main items Title 2 addresses?
1)Transactions and Code Sets, 2) Identifiers, 3) Privacy, 4) Security
EDI
Electronic Data Interchange
ARRA
American Recovery & Retirement Act of 2009
What major act is included in the ARRA legislation?
HITECH
HITECH
Health Information Technology for Economic and Clinical Health Act
When did the Final Rule become effective? When did organizations have to be compliant?
March 26, 2013 / they had 180 days to become compliant September 23, 2013
GINA
Genetic Information Nondiscrimination Act of 2008 (GINA)
PSO
Patient Safety Organizations (Treated as Business Associates)
HIO
Health Information Organizations (Treated as Business Associates) i.e.... ePrescribing Gateways
HIE
Health Information Exchanges
RHIO
Regional Health Information Organizations
What 4 categories does HIPAA apply too?
Payers, Providers, Clearinghouses, Business Associates & their Subcontractors (final rule)
Business Associate
Business Associate a person or organization that performs a function or activity on behalf of a covered entity, but is not part of the covered entity itself.
CMS
Centers For Medicare and Medicaid Services (Formally known as HCFA) The division of health and human services responsible for health care. CMS is responsible for Medicare and parts of Medicaid. CMS maintains specifications for various certifications for various certifications and authorizations used by the Medicare and Medicaid programs. CMS also maintains various code sets.
What is CMS responsible for?
(Formally known as HCFA) The division of health and human services responsible for health care. CMS is responsible for Medicare and parts of Medicaid. CMS maintains specifications for various certifications for various certifications and authorizations used by the Medicare and Medicaid programs. CMS also maintains various code sets.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
An amendment to Title 1 of HIPAA that gives employees the right to continue health coverage as a private payer for a limited period of time once they leave a job.
Covered Entity (CE)
A health plan, A healthcare clearinghouse, or a health care provider who transmits any health information in electronic form in connection with a HIPAA transaction, Healthcare Provider
Three Items used to validate is a company is a Business Associate (BA)
Are they performing a function for a CE (Covered Entity) or on their behalf (Yes), Are they a member of our workforce (No), Do they have access to PHI (Yes) --- Yes, No, Yes = BA
What types of organizations were added to the list of BA's in the Final Rule
Health Information Exchanges (HIE) & Regional HIE's (RHIE), ePrescription Gateways, Patient Safety Organizations (PSO), All their subcontractors
Name the 5 Vital Business Contract Inclusions for BA's
BA must use PHI only for the purpose for which it was shared, Assume responsibility to safeguard PHI from misuse, Provide individuals with access to their Health Information, Notify the CE if there is a breach, Assess each risk and mitigate
What is Electronic Data Interchange (EDI)
The electronic exchange of information between computers, especially the exchange of health information among physicians and insurance companies.
Title I
The portion of the HIPAA law concerned with health insurance reform & portability. The main purpose of Title I is to ensure continuation of health coverage when employees change jobs. It also entitles people who leave a job to continue their health insurance coverage as a private payer for a limited period of time under COBRA.
Title II
The portion of the HIPAA law known as administrative simplification. Preventing healthcare fraud & abuse, administrative simplification, medical liability reform. It contains strict requirements for the uniform transfer rules of patient confidentiality.
Designated Record Set (DRS)
A group of medical records. For providers, it includes medical and billing records but not other items, such as lab tests. For a health plan, the designated record set includes enrollment, payment, claim decisions, and medical management systems of the plan.
Electronic Medical Records (EMR)
Or Electronic Health Record (EHR or EMR) Collection of health information that is immediately electronically accessible by authorized companies.
Notice of Privacy Practices (NPP)
A document stating the privacy policies and procedures of a covered entity. (CE)
ePHI
PHI that is stored or transmitted in electronic form.
HCPCS
Health Care Common Procedure Code Systems - A classification system for medical procedures, services, and supplies. It was set up to give providers a coding system that describes specific products, supplies, and services patients receive that are not in CPT.
TCS
HIPAA Electronic Health Care Transactions and Code Sets - HIPAA standards governing the electronic exchange of health information using standard formats and standard code sets
NPI
National Provider Identifier - Under HIPAA, a system for uniquely identifying all providers of health care services, supplies, and equipment.
POS
Place of Service - Under HIPAA administrative code that indicates where medical services were provided.
OIG
Office of the Inspector General - Federal agency that investigates and prosecutes fraud against government health care programs such as Medicare.
COBRA
Consolidated Omnibus Budget Reconciliation Act - An amendment to Title 1 of HIPAA that gives employees the right to continue health coverage as a private payer for a limited period of time once they leave a job.
CE
Covered Entity
HHS
Department of Health and Human Services - The federal department that administers federal programs covering public health and welfare.
Define Electronic Data Interchange (EDI)
The electronic exchange of information between computers, especially the exchange of health information among physicians and insurance companies.
GHP
Group Health Plan - Medical insurance offered to employees and played for in part or in full by an employer.
OCR
Office for Civil Rights - The division of Health and Human Services responsible for enforcing the HIPAA privacy rules. Privacy is considered a civil right.
DRS
Designated Record Set - A group of medical records. For providers, it includes medical and billing records but not other items, such as lab tests. For a health plan, the designated record set includes enrollment, payment, claim decisions, and medical management systems of the plan.
EMR
Electronic Medical Records - Or Electronic Health Record (EHR or EMR) Collection of health information that is immediately electronically accessible by authorized companies.
NPP
Notice of Privacy Practices - A document stating the privacy policies and procedures of a covered entity. (CE)
PHI
Protected Health Information - The HIPAA terminology for individually identifiable health information in any medium
TPO
Treatment. Payment, and health care operations - Under HIPAA, the rule that patient's protected health information may be shared without authorization for the purposes of treatment, payment, and operations.
CDT
Current Dental Terminology - HIPAA-mandated code set for procedures performed in a dental office. (Hint Dentist)
CPT
Current Procedural Terminology - HIPAA-mandated procedural code set developed, owned, and maintained by the American Medical Association. (Hint Physician)
Who is covered by the privacy rule?
Applies to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form.
What is protected health information?
"Individually identifiable health information" held or transmitted by a covered entity in any form whether media, electronic, paper, or oral.
What is the basic principle of the privacy rule?
Define and limit the circumstances in which an individual's PHI may be used or disclosed by covered entities.
Under the privacy rule, must every risk of an incidental use or disclosure of PHI be eliminated?
No. Need to adopt appropriate safeguards where information being shared is the minimum necessary.
May covered entities use and disclose PHI without individual authorization as required by law?
Yes (state, regulation, or court orders )
What is a limited data set?
PHI from which certain specified direct identifiers or individuals and their relatives, household members and employees have been removed used for research, health care operations, and public health purposes.
5 Goals of HIPAA
Improve Insurance Portability& Continuity, Combat Health Care Waste, Fraud, & Abuse, Promote Medical Savings Accounts, Improve Access to Long-Term Care, Simplify the administration of health insurance
Which title deals with Administrative Simplification
Title 2
Under HIPAA what are Patient Rights
Access to Information, How Information is shared, Protecting Privacy
What HIPAA Title addresses Healthcare fraud prevention & abuse
Title 2
Which title protects patients from losing insurance due to preexisting medical conditions
Title 1
CPOE
Computerized Physician Order Entry (e-prescribing)
Who does HIPAA Apply to (4 Category)
Payers, Providers, Clearinghouses, BA - Business Associates & Subcontractors
Who are Covered Entities (CE)
Healthplans, Healthcare Clearing House, Healthcare Providers.
Date HITECH went into effect
2/23/2010
PII
Patient Identifiable Information
How many days does a CE/BA have to notify of a breach
60 day's (test) - Real life "moved to 30 day's"
HITECH (Civil Penalties) Single Violation
Original Up to $100 / Updated 2010 $25,000
HITECH (Civil Penalties) Reasonable Cause - Not Willful)
$1,000 for each violation - May not exceed $100,000
HITECH (Civil Penalties) Willful Neglect
$10,000 for each violation - May not exceed $250,000
HITECH Multiple Violations (Willful & Not Corrected)
Original up to $50,000 updated 2010 $1.5 Million
HITECH - Criminal Penalties - Wrongful disclosure of PHI under false pretenses to sell, transfer or otherwise misue.
Up to $250,000 fine & Up to 10 years in jail
HITECH - Criminal Penalties - Wrongful disclosure of PHI under false pretenses
Up to $100,000 & Up to 5 years in jail
HITECH - Criminal Penalties - Wrongful disclosure of PHI
Up to $50,000 & up to 1 year in jail
Privacy Rule
Confidentiality of PHI in all formats (Paper, oral, or electronic) "All Formats"
Security Rule
PHI electronically captured, stored, used or transmitted. "Electronic PHI Only"
How long does a CE or BA have to report a Breach
(Test) 60 day's - Actual 30 day's (Both to HHS and patients affected)
Define a Breach
Unauthorized acquisition, access, use, or disclosure of PHI
Name three exceptions to Breaches
Unintentional acquisition, access, or use of PHI (For example an office worker goes to the printer as a lab result prints for a nurse), Inadvertent disclosures by an individual who is otherwise authorized at a facility operated by an CE or BA, Situations in which the unauthorized person would not reasonably have been able to retain the info
When does a CE not have to notify HHS & Patients within 60 day's
Breaches involving less than 500 patients in the same state (Report to HHS annually)
IIHI
Individually Identifiable Health Information
Define Small Health Plans
Receipts of $5 million or less, Group Health Plans with fewer than 50 participants, Small Health Plans were given an extra year to become HIPAA compliant
NEI
National Employer Identifier
Code 270
Provider uses to check patient eligibility for coverage
Code 271
Health plan provides coverage eligibility response
Code 276
Provider uses to find out about existing claim
Codes 200's
Patient coverage, eligibility, status of claims, review
Codes 800's
Deal with enrollment and payments
Defining Security
Security is generally defined as having controls, countermeasures, and procedures in place to ensure "appropriate" protection of information assists & control access to valued resources
Year for "Common Criteria for Security"
1990's collaboration between 7 countries
NIST definition
National Institute of Standards & Technology
What is Security addressing
Minimizing the vulnerability of assets & resources 1) Assets is anything of value - EPHI 2) Vulnerability "weakness that could be exploited" 3) threat "potential violation of security"
CIA
Confidentially, Integrity, & Availability of EPHI
How do you ensure confidentiality
1) limit access "need to know" 2) allow disclosure privileges only to users who are trained and authority to make decisions 3) install reliable authentication methods and control employee access to medical data
Documentation in regards of Security
"Documentation = Administration"
Parts of Security Rule
Administrative, Physical, Technical
Security Rule (ensuring integrity)
Data Integrity, source integrity, data has not been altered or destroyed, security backup / disaster recovery
Privacy Rule Summary
Patients right over the use & disclosure of personal PHI When, how, and to what extent PHI is shared Access to personal PHI All forms of PHI are protected electronic, written, oral
Privacy Rule only focuses on
Confidentially
Security Rule on deals with what form of data
Electronic data (not oral, or paper)
3 types of Security Rule Safeguards
Administrative, Physical, and Technical ( layers)
Security Rule Implementation Specs
"Required" = must do Addressable ( two options) Option 1 "reasonable and appropriate" Contributes to protecting PCI = do it Option 2 does not make sense, organization to small, to costly, exposure risk minimal - need to document why and have a plan
Administrative Safegaurds
"training, Documentation, policies, etc
Physical Safegaurds
Facility access, systems, monitoring, environmental controls
Technical Safegaurds
Access control, passwords, identification authentication, network configuration - logical...
Transaction code sets ( even / odd )
Even= request Odd = response
APT acronym for 3 security Safegaurds
Admin, physical, technical
Entity Sanction Policy
Address disciplinary actions - employee needs to know legal action potential and organizational repercussions
4 areas of Physical Safeguard "Standards"
Facilities access control Workstation use Workstation security Device and Media Controls
9 Administrative Safeguards "Standards"
Security Management Process Assigned Security Responsibility Workforce Security Info access management Security "awareness / training" Security incident procedures Contingency plan Evaluation Business associate agreement
5 Technical Safeguard "Standards"
Access Control Audit Control Integrity Person or entity authentication Transmission security
NDC
National Drug Code
NHI
National Health Identifier for Individuals ( not established / might never be implemented)
NPPES
National Plan and Provider Enumeration System
ANSI
American National Standards Institute
ANSI ASC X12N - envelope structure
Header Data content Trailer
4 parts of the HIPAA puzzle are:
TCS - transaction code sets Identifiers Privacy rule Security rule
X12N & HIPAA transaction sets implementation guides published by
Washington publishing company
How many identifiable items must be removed for PII to be de-identified and considered non-PHI according to Safe Harbor Method.
18 specific items and information cannot be reconstructed
ICD9 vs ICD10
International Classification of Diseases - codes matching procedures / diagnoses ICD10 much more detailed
NCPDP
National Council of Prescription Drug Program
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