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October 21, 2014

Homework Help: medical billing and coding from Penn Foster

Posted by Shannon on Thursday, June 25, 2009 at 11:21am.

I dont know why it won't post the rest of my question about my paper?? The Health Insurance Portability and Accountability Act of 1996

The Health Insurance portability and Accountability Act (HIPAA) has established a set of national standards that protects and allows patients control over their medical records. Therefore, HIPAA does affect the patient’s access to their medical records. Patients should be able to see or obtain his or her own records and request any corrections as needed for their files. The patient should ask their doctor in writing for a request of their medical record. This way the patient has a record of the request and any important information such as the day of the request by the patient. It usually takes about 30 days to receive the copy of the medical record. In some cases, the first copy is free, depending on if they are being picked up in person. Additional copies may be charged a fee, due to the staff taking time to process all information to be gathered and mailed to the patient. Therefore, because of HIPAA, patients have more access and control over their medical records(ocr 2003).

According to HIPAA, patients’ personal health information (PHI) is confidential and cannot be used or disclosed without proper authorization. However, there are some circumstances that allow the health information to be disclosed unrelated to healthcare. These circumstances are: 1) Required by law 2) public health activities 3) victims of abuse, neglect or domestic 4) health oversight activities 5) judicial and administrative proceedings 6) law enforcement purposes 7) decedents 8) cadaveric organ, eye, or tissue donation 9) research 10) serious threat to health or safety 11) essential government functions 12) workers compensation 13) risk of death or harm to oneself. These are the only circumstances that allow the patients ‘medical records to be obtained without authorization(ocr 2003).

There are requirements for covered entities to have written privacy policies. HIPAA requires that covered entities supply to the individual a written notice of the privacy policy. The things that need to be addressed in the privacy policy include: the individuals rights and how they may implement his or her rights regarding the public health information, all the legal duties of the covered entity, description of disclosures allowed by HIPAA, description of the different types of allowed uses to disclose the PHI, including the disclosures that are required to be disclosed without the written consent or authorization of the individual, it should also include a separate statement for some PHI such as appointment reminders, different treatment options, and other services that maybe of interest to the individual.

To be in compliance with the HIPAA laws, every employee needs to have training in all the procedures and policies with HIPAA to understand the confidentiality for all patients.
The staff must be trained as soon as the training information is available, usually a set date is imposed. If there has been any new changes involving the information, staff must be updated and trained within a reasonable time. Usually the office has a trained Privacy Officer. They are the ones that are usually responsible for making the training dates available and keep a record of documentation of who attends and completes all required training. If someone violates the privacy policy there can be fines and penalties of jail time. The law can establish fines up to $100 for each civil violation and up to 10 years in jail(TWP A1 2006)
References

Center for The Disease Control and Prevention(2003). HIPAA Privacy Rule and Public
Health. Morbidity and Mortality Weekly Report Vo. 52 pp. 1-12

Guidance from CDC and the U.S. Department of Health and Human Services.
(Apr 2003). June 11,2009.

HIPAA Privacy Rule: What Employers Need To Know. Office for Civil Rights (2003).
Summary of the HIPAA Privacy Rule. U.S. Department of Health and Human
Services. Pp. 1-19

Privacy Rights. (Sept 2008). Privacy Rights Clearinghouse. June 21, 2009

Stein, Rob. “Medical Privacy Laws Nets No Fines”. The Washington Post.
Monday, June 5,2006 A1. June 21, 2009.

Sullivan, June M. HIPAA A Practical Guide to the Privacy and Security of Health Data.
New York, American Bar Association (2005). Pp. 7-8. June 21, 2009

U.S. Department of Health and Human Services. Apr 3, 2003

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