Another type of covered entity you may not consider is business associates. Associates may perform services such as billing, data analysis, and claims processing. Since those tasks require the use of patient data, business associates are covered entities and must comply with HIPAA.
However, not all business associates are covered. That way, they can understand how you will use their health and personal information. However, giving patients information on how you will use information can make them feel at ease. Then, you can provide the best care possible. You need to disclose with patients how you will use their information.
In most cases, that will just be to diagnose and treat their condition. But you may also need to provide some information to their insurance company. After you give the disclosure, let your patient look over it, and give them a copy. Then, they can keep it for their records in case something happens later.
When giving the disclosure, you should include it on a print form for your patient to sign. Their signature will prove they agree to the terms of the disclosure, so you can provide care to them.
If you have patients under age 18, you should have the parent sign the form. Along with a disclosure, you should give patients a copy of your privacy practices. You can include the processes you follow to protect their data. That way, you can make sure your patients are comfortable receiving care from your office.
You may use and disclose certain information to help with your medical office. If you need to discuss a diagnosis or problem with the patient in question, you do not need their permission. Of course, most patients want to hear about their problems and treatment options.
But you may still want to ask for permission to make sure your patient is ready to hear the information. When treating a patient, you may need to coordinate or manage health care with other providers. If you need to refer a patient to a specialist or consult with another provider, it is okay to disclose PHI. If you need to get premiums or reimbursement for health care, you can disclose PHI as necessary. Still, you can use the information to get the payment you need.
You can also use PHI when assessing your operations. You can use it to check the quality and find areas of your office to improve. That way, you can continue to provide the best care. While it started in , it has experienced a few changes over the years. HIPAA was signed into law in with the original intention of helping more Americans gain health insurance coverage and ensuring that employees would not lose their health insurance if they changed jobs.
While its initial function primarily focused on regulating the health insurance industry, the act also allowed the Department of Health and Human Services HHS to set standards for the safeguarding of identifiable health information by legitimizing and protecting an individual's rights to their healthcare information as well as seeking to increase the efficiency and effectiveness of the healthcare industry as a whole.
The passing of HIPAA is also referred to as the beginning of the modernization of the flow of information within the healthcare industry. The act assigned the Secretary of Health and Human Services HSS to set regulation standards for the privacy of important health information which laid the groundwork for the Security Rule and the Privacy Rule.
This rule, which was first proposed in , revolves around privacy standards related to the safeguard for protected health information PHI. Some of this information is notably broad.
Something as simple as a full-face photo or fingerprint could require your company to maintain HIPAA compliance. The Privacy Rule also looked to give patients easier access to their own personal health data. As a last step in the legislative process, Health and Human Services sought for public input on what adjustments needed to be made to the Privacy Rule.
The finalized Privacy Rule, which was passed in , was adjusted to improve its usefulness and prevent unexpected consequences. Although this rule was proposed in , it was not until 5 years later that it was finalized at which point it gave organizations time to become compliant.
Also under the Enforcement Rule, the Office of Civil Rights OCR was empowered to enforce financial penalties against those entities that remained non-compliant. The HIPAA Omnibus Rule , which was finalized in and became effective in , contained edits and updates to all of the rules we had mentioned.
The modifications to the Security, Privacy, Breach Notification and Enforcement Rules were intended to enhance confidentiality and security in data sharing. The biggest changes under the Omnibus Rule were that it became mandatory for business associates to be compliant with the Privacy Rule and the Security Rules and that these associates were liable directly for any HIPAA violations.
In a way, the Omnibus Rule served to expound and enforce some of the changes introduced in the Security rules and standards requirements for both Covered Entities and Business Associates with the introduction of the BAA requirement.
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