Privacy Rule provisions

Privacy Rule provisions

Privacy Rule provisions

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Privacy Rule Basics - The HIPAA Handshake

  • Protected Health Information (PHI): Individually identifiable health information held by a Covered Entity. It links a patient to their health data and includes 18 specific identifiers (e.g., name, address, dates, SSN).

  • Key Players:

    • Covered Entities (CEs): Health plans, clearinghouses, and providers (hospitals, clinics).
    • Business Associates (BAs): Entities performing functions for a CE involving PHI (billing services, legal counsel).
  • Core Principle: Minimum Necessary Rule

    • Limit use and disclosure of PHI to the minimum required for the intended purpose.
  • De-identification: Removes identifiers, rendering data non-PHI.

    • Safe Harbor: Remove all 18 identifiers.
    • Expert Determination: Statistical certification of low re-identification risk.

⭐ A rare diagnosis combined with a zip code can be enough to identify a patient, making it PHI even without a name.

Patient Privileges - Your Health Info Rights

  • Right of Access: Patients can inspect & get copies of their PHI.
    • Covered entities have 30 days to provide the information.
  • Right to Amend: Patients can request corrections to inaccurate or incomplete PHI.
    • The entity can deny the request if the information is deemed accurate.
  • Right to an Accounting of Disclosures: Request a list of who has accessed their PHI.
  • Right to Request Restrictions: Patients can request limits on the use or sharing of their PHI.
    • Providers are not required to agree, with one major exception.

⭐ A provider must agree to a restriction request if the disclosure is to a health plan for payment purposes and the patient has paid for the service out-of-pocket in full.

  • Right to Confidential Communications: Patients can request communication via alternative means or locations (e.g., cell phone vs. home phone).

Disclosure Rules - When Silence Isn't Golden

  • Treatment, Payment, & Healthcare Operations (TPO): PHI can be used and disclosed without specific authorization for these core activities. 📌 TPO: Think 'The Privacy Office' lets these slide.
  • Required Disclosures: Must be provided to:
    • The individual upon request (their own PHI).
    • The Dept. of Health & Human Services (HHS) for compliance reviews.
  • Permitted Disclosures (Public Interest): Allowed for 12 priority purposes like public health activities, legal orders, or to avert serious threats to safety.
  • Valid Authorization: For all other disclosures (e.g., marketing, research), a signed, specific, and dated patient authorization is mandatory.

⭐ The "minimum necessary" rule does not apply to disclosures to another healthcare provider for treatment purposes.

High‑Yield Points - ⚡ Biggest Takeaways

  • The Privacy Rule protects all forms of Protected Health Information (PHI)-oral, written, or electronic.
  • Patients have a right to access, amend, and receive an accounting of disclosures of their PHI.
  • PHI can be used for Treatment, Payment, and Operations (TPO) without explicit authorization.
  • The "minimum necessary" standard applies to most disclosures of PHI.
  • Incidental disclosures are permissible if reasonable safeguards are implemented.
  • Psychotherapy notes receive heightened protection and require specific authorization for release.

Practice Questions: Privacy Rule provisions

Test your understanding with these related questions

A 68-year-old man comes to the physician for a follow-up examination, accompanied by his daughter. Two years ago, he was diagnosed with localized prostate cancer, for which he underwent radiation therapy. He moved to the area 1 month ago to be closer to his daughter but continues to live independently. He was recently diagnosed with osteoblastic metastases to the spine and is scheduled to initiate therapy next week. In private, the patient’s daughter says that he has been losing weight and wetting the bed, and she tearfully asks the physician if his prostate cancer has returned. She says that her father has not spoken with her about his health recently. The patient has previously expressed to the physician that he does not want his family members to know about his condition because they “would worry too much.” Which of the following initial statements by the physician is most appropriate?

1 of 5

Flashcards: Privacy Rule provisions

1/10

The Beers criteria are used to reduce potential inappropriate prescribing and harmful polypharmacy in the _____ population

TAP TO REVEAL ANSWER

The Beers criteria are used to reduce potential inappropriate prescribing and harmful polypharmacy in the _____ population

geriatric

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