For which of the following purposes may covered entities use or disclose PHI without patient permission?
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge. The US Department of Health and Human Services (HHS) issued the HIPAA Privacy Rule to implement the requirements of HIPAA. The HIPAA Security Rule protects a subset of information covered by the Privacy Rule. Show
HIPAA Privacy RuleThe Privacy Rule standards address the use and disclosure of individuals’ health information (known as protected health information or PHI) by entities subject to the Privacy Rule. These individuals and organizations are called “covered entities.” The Privacy Rule also contains standards for individuals’ rights to understand and control how their health information is used. A major goal of the Privacy Rule is to make sure that individuals’ health information is properly protected while allowing the flow of health information needed to provide and promote high-quality healthcare, and to protect the public’s health and well-being. The Privacy Rule permits important uses of information while protecting the privacy of people who seek care and healing. Covered EntitiesThe following types of individuals and organizations are subject to the Privacy Rule and considered covered entities:
Exception: A group health plan with fewer than 50 participants that is administered solely by the employer that established and maintains the plan is not a covered entity.
Permitted Uses and DisclosuresThe law permits, but does not require, a covered entity to use and disclose PHI, without an individual’s authorization, for the following purposes or situations:
HIPAA Security RuleWhile the HIPAA Privacy Rule safeguards PHI, the Security Rule protects a subset of information covered by the Privacy Rule. This subset is all individually identifiable health information a covered entity creates, receives, maintains, or transmits in electronic form. This information is called electronic protected health information, or e-PHI. The Security Rule does not apply to PHI transmitted orally or in writing. To comply with the HIPAA Security Rule, all covered entities must:
Covered entities should rely on professional ethics and best judgment when considering requests for these permissive uses and disclosures. The HHS Office for Civil Rights enforces HIPAA rules, and all complaints should be reported to that office. HIPAA violations may result in civil monetary or criminal penalties. For more information, visit HHS’s HIPAA website. For what reasons can you use or disclose PHI?In general, a covered entity may only use or disclose PHI if either: (1) the HIPAA Privacy Rule specifically permits or requires it; or (2) the individual who is the subject of the information gives authorization in writing.
Which situation would require a written authorization from a patient to disclose the PHI?A covered entity must obtain the individual's written authorization for any use or disclosure of protected health information that is not for treatment, payment or health care operations or otherwise permitted or required by the Privacy Rule.
When PHI is used disclosed or requested it must be?"Minimum Necessary" means, when protected health information is used, disclosed, or requested, reasonable efforts must be taken to determine how much information will be sufficient to serve the intended purpose.
Which of the following qualifies as an exception to the Hipaa Privacy Rule?Exceptions to the HIPAA Privacy Rule
This would include purposes such as quality assurance, utilization review, credentialing, and other activities that are part of ensuring appropriate treatment and payment. Limitations apply to uses and disclosures for the purpose of facilitating another party's activities.
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