Understanding HIPAA in Healthcare

The HIPAA privacy rule regulates the usage and disclosure of individual health information. It was passed by Congress and is a requirement of all healthcare institutions and workers. It is important for all individuals in the healthcare field to understand how HIPAA works. It is also important to understand how to avoid violating the rules.

Patient Notice of Privacy Practices

Healthcare workers must be fully trained and made aware of HIPAA regulations. They must also attend regular seminars to ensure that they understand and follow the rules. In addition, the entire staff must sign a privacy acknowledgement form on a routine basis. Individuals have a right to receive a notice of privacy practices NSG 486 Week 4 Assessment Part 2 that describes how PHI may be used and with whom it is shared. This notice must be provided in a clear and concise manner. As long as it is for treatment purposes, HIPAA allows doctors to discuss a patient's condition with other medical professionals who are treating the patient. However, conversations should be conducted away from public areas and in private rooms to prevent others hearing the information. There are also protocols that must be followed when a doctor needs to consult with a specialist or another provider for advice.

Patient Requests for Privacy

Healthcare facilities and their workers must make sure all of their patients are aware of their rights to privacy, particularly when a patient wants to limit the amount of PHI that is shared with other entities. This should be clearly stated in the hospital’s privacy policies and procedures. Individuals also have the right to request that a covered entity provide them with access to the protected health information about them in one or more designated record sets maintained by the entity, or a business associate. The request must be made in writing and include the identifiers of the records requested. The covered entity can charge the individual a limited fee for the copies of the records, but the fee must be disclosed in advance of the request.

Disclosure to Third Parties

A hospital may need to disclose a patient’s information to a third-party vendor for various reasons. If this happens, it is vital that the facility ensures the vendor is HIPAA-compliant and that a BAA exists between the two parties. A BAA is a business associate agreement NSG 482 Week 3 Role of the community health nurse Part 1 between a covered entity and an external party that outlines how the entity will handle ePHI. The party can be a healthcare provider, insurance company, or even a data-management firm. A BAA is required for anyone that receives, stores, processes, or transmits ePHI. This includes people working at the hospital and contractors. For example, if the hospital sends an individual’s PHI to a research company, that research company needs to have a BAA with the hospital. This also applies to subcontractors and business associates.

Disclosing PHI in Public Areas

In the world of healthcare, there are a lot of different rules and regulations to keep track of. Some are more stringent than others, especially in areas such as mental health and genetic testing. Generally, healthcare workers must abide by both HIPAA and the more restrictive state or federal rules regarding PHI. PHI can be "used" or "disclosed." Use happens when the information goes from one part of a hybrid entity to another—think passing a patient's record around within the medical practice. Disclosure is more like sharing a family secret. Some types of PHI are permitted to be disclosed without patient authorization, such as treatment alternatives or health-related benefits and services. However, reasonable precautions must be taken to protect the privacy of PHI in public areas like waiting rooms.

Can Patients Sue a Healthcare Facility or a Healthcare Worker for Violating HIPAA?

Healthcare facilities and workers who violate HIPAA could face significant monetary penalties. In some cases, however, individuals can sue for a breach if they suffer provable harm. These suits typically don’t involve HIPAA. Instead, they often involve breaches of state privacy or data security laws. OCR and state attorneys general can file a lawsuit NSG 468 Assignment 3 Sensitive Indicators on behalf of people who’ve suffered harm. It’s important to train employees to avoid unintentional HIPAA violations. Some common examples include discussing patient information over the phone in a public area or divulging PHI to other workers outside of the necessary consultations. It’s also critical to limit social media sharing and ensure contractors don’t share login credentials or leave physical or digital records unattended. Also, make sure to shred documents and erase hard drives before donating them or sending them out for disposal.