![]() ![]() However, this does not mean that HIPAA is void when other more stringent rules are in place. Further, there are also federal rules that are more stringent than HIPAA, such as those pertaining to substance abuse and drug addiction records. In addition to HIPAA, many states have their own restrictive rules on the privacy of PHI, which may be far more stringent than HIPAA, particularly when the information concerns patients with infectious diseases like HIV, mental health problems, certain genetic disorders, and substance abuse. This rule not only applies to verbal communication but all written and electronic text. In all such matters, one must first obtain consent from the patient to determine if he or she is willing to permit the doctor to divulge medical information to others. For example, it is permitted for a radiologist to ask the ordering medical resident a few questions about why the patient is having the test to ensure that the procedure is necessary and the best choice for the situation, but he or she is not at liberty to discuss this with a third party who is not actively treating the patient. This rule also applies to other healthcare providers who may be exchanging information with other healthcare workers who are also actively involved in patient care. No in-depth discussion with the patient in full view of other people is permitted. For example, when a pharmacist is about to dispense medication to a patient, he or she should only ask the patient if they know how to take the pill when to take the pill, and to follow up with their healthcare provider. Only the bare minimum health information that is necessary should be disclosed during any health care service, and this also includes human resources or ancillary services. The HIPAA privacy rule applies to almost every department in a medical facility, even when walking to the parking lot with a colleague or on your home internet, the confidentiality of PHI must be preserved. Where is the HIPAA Privacy Rule Applicable? Other disclosures demand explicit patient consent and apply to everyone in a healthcare facility, including: However, there is a HIPAA rule that permits disclosure of PHI without prior obtained consent for healthcare operations, treatment, and payment. This includes consultation between providers regarding a patient, referring a patient, and information required by law for public health safety and reporting. These exceptions cover the majority of clinical uses of PHI. For example, if you are a healthcare worker and transmit or even discuss PHI with others who are not involved with that patient's care, then you violate HIPAA. HIPAA applies to all healthcare institutions and healthcare workers, who submit claims electronically. The penalties for failing to comply with HIPAA can be severe. With improved technology, the role of wearable technology and androids to disclose PHI is now under scrutiny. Simplify administrative procedures in health care and other professions (this is an area where communication and transmission of records are done electronically). HIPAA was enacted to encompass three areas of patient care: These identifiers include demographic and other information relating to the past, present, or future physical or mental health or condition of an individual, or the provision or payment of health care to an individual. ![]() The privacy rule specifies 18 elements that constitute PHI. ![]() There are two main sections of the law, the privacy rule which addresses the use and disclosure of individuals' health information, and the security rule which sets national standards for protecting the confidentiality, integrity, and availability of electronically protected health information. The health insurance portability and accountability act (HIPAA) public law 104-191, was enacted into federal law to ensure that that patient medical data remains private and secure. This is no longer permitted, now any protected health information (PHI) that can identify a patient or the patient's relatives, employers, or household members, must be omitted before being used for research. In the past, healthcare workers often collected patient data for research and usually only omitted the patients' names. In this age of fast-evolving information technology, this is truer than ever before. Ensuring the security, privacy, and protection of patients' healthcare data is critical for all healthcare personnel and institutions. ![]()
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