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HIPAA Violation? Sue Me

Author: AHIMA

Source: Journal of AHIMA

Publication Date: March 2011


This is a true story that occurred recently in Indiana. Failing to collect payment for treatment, a medical group sent a patient to collections. In providing the unpaid bills to the collections attorney, practice staff failed to redact sensitive information. When the attorney filed the bills wi....

2004 HIPAA Privacy & Security Compliance Survey

Author: AHIMA

Source: AHIMA

Publication Date: April 12, 2004

The results of a survey conducted by AHIMA to assess the current state of HIPAA privacy within the healthcare industry. These results are being released in conjunction with the first annual National Health Information Privacy and Security Week.

HIPAA: 43,691 Privacy Complaints and Counting

Author: AHIMA

Source: Journal of AHIMA

Publication Date: June 2009


For those wondering what progress the Office for Civil Rights makes as it works through HIPAA privacy rule complaints, the numbers are easy to find. Each month OCR reports top-line results of the HIPAA cases it has received and resolved.

OCR has logged approximately 43,700 complaints....

A First Peek at the Privacy Regulations

Author: AHIMA

Source: Journal of AHIMA

Publication Date: August 2010


The office for Civil Rights got a late start on the HITECH privacy regulations (due last February), and it's clear from the draft rule it released in July that the office still has almost as many questions as answers on how to enact the HITECH provisions. However, the release does offer a good....

State of HIPAA Privacy and Security Compliance 2005

Author: AHIMA

Source: AHIMA report

Publication Date: April 11, 2005

The results of a survey to assess the current state of HIPAA privacy and security within the healthcare industry.

AHIMA releases the results of this research in conjunction with the second annual National Health Information Privacy and Security Week, April 10-16, 2005. AHIMA is sponsoring National Health Information Privacy and Security Week to raise awareness among healthcare professionals, their employers, the media, and the public regarding the importance of protecting the privacy, confidentiality, and security of personal health information (PHI).

AHIMA State Privacy Law Resource tool

Author: AHIMA

Source: AHIMA

Publication Date: May 21, 2003


Welcome to the AHIMA State Privacy Law Resource tool. This tool provides AHIMA members with web links to sites with specific information regarding the final HIPAA privacy rules and their interaction with state laws and regulations. On many of these sites, you will find access to HIPAA preemptio....

Conference Handouts

Author: AHIMA

Source: HIPAA Conference 2000

Publication Date: March 13, 2000






 

Conference Handouts


If you weren't able to attend the HIPAA Conference in March, you can review the text of handouts and presentations provided at the sessions.

....

Few Requests for Today’s Accountings

Author: AHIMA

Source: Journal of AHIMA

Publication Date: February 2010


HIPAA’s Accounting of Disclosure Provisions Led to Few Patient Requests; Now ARRA Is Upping the Ante

Provisions within the American Recovery and Reinvestment Act extend HIPAA’s accounting of disclosure regulations for providers who maintain electronic health records. The provisions a....

AHIMA Advantage E-alert [Special edition]

Author: AHIMA

Source: AHIMA newsletter

Publication Date: February 13, 2003

HHS to Release Final HIPAA Security Rule February 20; HIPAA Transaction and Code Set Standards Modifications Announced

AHIMA Position Statement: Privacy Official

Author: AHIMA

Source: AHIMA position statement

Publication Date: February 15, 2001


Position



The American Health Information Management Association (AHIMA) recognizes the increased complexity of protecting patients' privacy while managing access to, and release of, information about patients and other healthcare consumers. Credentialed health information ma....

Review of the 2002 Department of Health and Human Service Notice of Proposed Rule Making for The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Regulations

Author: AHIMA Policy and Government Relations Team

Source: AHIMA regulation analysis

Publication Date: April 02, 2002


Status

After almost a year's delay, the Department of Health and Human Services (HHS) published its promised recommendations to change and clarify the HIPAA Privacy Regulations that were originally published, as a "final rule" by HHS on December 28, 2000, in the Federal Re....

Final Rule for HIPAA Security Standards: Analysis by the American Health Information Management Association Policy and Government Relations Team - February 2003

Author: AHIMA Policy and Government Relations Team

Source: AHIMA regulation analysis

Publication Date: February 28, 2003


Impact | This Analysis Includes | General Rules | Administrative Safeguards | Physical Safeguards | Technical Safeguards | Organizational Requirements | Policies, Procedures, and Documentation | Matrix | Introduction

After a wait of some four and one-half years, the Department of He....

Final Rule for Standards for Privacy of Individually Identifiable Health Information

Author: AHIMA Policy and Government Relations Team

Source: AHIMA Advocacy and Policy | AHIMA regulation analysis

Publication Date: January 02, 2001

Notes

Readers will notice that some word such as "healthcare" may be written in more than one way in this analysis. Style guides often require the term "healthcare" be stated as such, however, the federal government uses the term as "health care." In this document we will be using the te....

Journal Q&A (7/02)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: July 02, 2002


Q: I have requested the immunization records from a patient’s former healthcare provider with the patient’s written permission. The former healthcare provider refuses to send the immunization records because the patient has a balance on the account. Is this legal?


A:....

Journal Q&A (1/03)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: January 02, 2003

Q: When is it legal to disclose protected health information (PHI) to clergy?


A: If the individual is informed in advance of the possible disclosure and has the opportunity to object, the HIPAA privacy rule allows a covered entity to disclose directory information to clergy. Directo....

Journal Q&A (2/04)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: February 02, 2004

Q: Can you explain the difference between the terms “addressable” and “required” as they are used in the final security rule?
A: The final security rule and the privacy rule use the terms “standards” and “implementation specifications.” Standards....

Journal Q&A (6/03)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: June 02, 2003

Q: Under the privacy rule, how should a physician’s office handle a request from parents for a written statement recommending limitation of their child’s activities at school?

A: Most covered entities have policies requiring written requests or authorizations for disclosure of....

Web FAQ

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: October 2002

Because HIPAA gives patients the right to copy their medical records, does my facility have to supply a copy machine for this purpose or allow patients to take their records to a copy center?
According to section 164.520 of the HIPAA final privacy rule, an individual has "the right to inspect....

Journal Q&A (9/03)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: September 02, 2003

Q: Under HIPAA, how should covered entities respond to requests from public health officials who state that they need protected health information (PHI) to carry out their duties?

A: The privacy rule recognizes that PHI may be needed to respond to threats to public health, including the....

Journal Q&A (4/03)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: April 02, 2003

Q: Is it legal for our facility to provide an individual with an abbreviated version of the notice of privacy practices with the full version available only upon request?

A: If an abbreviated version of the notice is given to an individual, it must contain all the required elements from....

Journal Q&A (1/03)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: January 02, 2003

Q: Is faxing patient information legal under HIPAA?
A: If the covered entity is permitted to release the information (for treatment purposes or by authorization, for example), then using a fax machine is allowed. The privacy rule requires the entity to provide appropriate administrative, techn....

Journal Q&A (11/04)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: November 02, 2004


Q: As a covered entity, do I need to have satisfactory assurance (as required by HIPAA) that an individual has been notified when I am served with a search warrant for a patient's protected health information (PHI)?
A: No. A search warrant is issued by a judge and is considered the same a....

Journal Q&A (1/03)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: January 02, 2003

Q: Does HIPAA allow clinicians in our home health facility to pull their own records?
A: Your facility must make a reasonable effort to limit the access of your clinicians to the PHI they need to perform their duties. You will have to determine what policies are reasonable. As employees, the c....

Journal Q&A (7/02)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: July 02, 2002


Q: I work in a clinic setting. An attorney has requested copies of a patient’s entire record. The record includes reports dictated by one of the clinic physicians at a local hospital during the patient’s hospitalization. The attorney has the patient’s permission. Are we allowed....

Journal Q&A (5/03)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: May 02, 2003


Q: What is an organized health care arrangement (OHCA) and what are its advantages?


A: The privacy rule defines an OHCA as:

a clinically integrated care setting in which individuals typically receive healthcare from more than one healthcare provider

an org....

Journal Q&A (4/03)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: April 02, 2003

Q: Does reporting cancer surveillance to the state have to be tracked under the accounting of disclosure requirement in the HIPAA privacy rule?

A: Reporting cancer surveillance to a state agency does require tracking under HIPAA. State laws should be checked to determine if the other typ....

Journal Q&A (6/03)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: June 02, 2003

Q: What are a covered entity’s legal responsibilities when a former employee breaches confidentiality of information gained during his or her employment period?

A: Individual state laws would affect the outcome of litigation if charges were pressed through civil action. If the organ....

Journal Q&A (5/01)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: May 02, 2001

Q: Does the new HIPAA privacy rule require hospitals to obtain patient consent prior to sending copies of dictated reports and test results to the patient's physician?

A: Unless the HIPAA privacy rule published on December 28, 2000 (45 CFR Parts 160 through 164) is modified by the Bush ad....

Journal Q&A (3/02)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: March 02, 2002

Q: We have a transcriptionist who picks up tapes, transcribes them off-site, and returns them each day. Is this practice legal under HIPAA?


A: The HIPAA privacy rule does not prohibit the use of tapes for dictation, nor the use of an outside transcription vendor. The privacy rule do....

Journal Q&A (9/01)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: September 02, 2001

Q: Because HIPAA gives patients the right to copy their medical records, does my facility have to supply a copy machine for this purpose or allow patients to take their records to a copy center?

A: According to section 164.520 of the HIPAA final privacy rule, an individual has "the ri....

Journal Q&A (9/01)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: September 02, 2001

Q: My facility's records contain a variety of psychiatric documentation including therapists' notes from their treatment sessions with patients. How can I determine what requires special protection under HIPAA? Do I need to separate some of the documentation from the medical record? Currently all p....

Journal Q&A (11/01)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: November 02, 2001


Q: Where can I find the updated data elements and data definitions for the Uniform Hospital Discharge Data Set (UHDDS)?

A: At this time, the 1986 UHDDS data elements and definitions are not available electronically though the information is considered to be in the public domain. The fi....

Journal Q&A (4/02)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: April 02, 2002

Q: I have been asked to identify all of my organization’s business associates so we can update their contracts prior to the April 2003 HIPAA privacy rule compliance date. Unfortunately, existing contracts are not maintained in one place. How should I tackle this project?


A: At....

Journal Q&A (3/02)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: March 02, 2002

Q: Does the individual to whom a patient has granted durable power of attorney for financial matters have the right to access and authorize use or disclosure of the patient’s protected health information (PHI) under HIPAA?


A: An individual granted durable power of attorney for....

Journal Q&A (6/02)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: June 02, 2002

Q: Our facility is developing our notice of privacy practices under HIPAA. We need to decide how we will communicate with individuals when we make changes to our notice. What are the acceptable methods for communicating with our patient population? Do we have to send a paper copy to everyone whose....

Journal Q&A (5/02)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: May 02, 2002

Q: In light of HIPAA restrictions on protected health information, I’m concerned about our HIM department’s practice of accepting HIM students for professional practice experience. What should be considered in deciding whether to continue this practice?


A: HIPAA’s pr....

Journal Q&A (11/01)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: November 02, 2001


Q: Where can I find an easy-to-use glossary for terms in the HIPAA regulations?


A: The Workgroup for Electronic Data Interchange (WEDI) has compiled an alphabetic glossary of HIPAA terms and definitions. It is approximately 24 pages long and can be downloaded from the WEDI Web sit....

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