The U.S. Office of Civil Rights, in conjunction with the federal Department of Justice, is responsible for enforcing this rule and imposing criminal penalties of imprisonment and fines for HIPAA violations involving PHI. The only administrative obligations with which a fully-insured group health plan that has no more than enrollment data and summary health information is required to comply are the (1) ban on retaliatory acts and waiver of individual rights, and (2) documentation requirements with respect to plan documents if such documents are amended to provide for the disclosure of protected health information to the plan sponsor by a health insurance issuer or HMO that services the group health plan.76. 164.530(j).76 45 C.F.R. Preemption. 164.512.29 45 C.F.R. Do not post patient information or photos on social media (such as Facebook, Twitter, Instagram, etc.). Legally separate covered entities that are affiliated by common ownership or control may designate themselves (including their health care components) as a single covered entity for Privacy Rule compliance.79 The designation must be in writing. Treatment is the provision, coordination, or management of health care and related services for an individual by one or more health care providers, including consultation between providers regarding a patient and referral of a patient by one provider to another.20. After making this designation, most of the requirements of the Privacy Rule will apply only to the health care components. De-Identified Health Information. Sections 261 through 264 of HIPAA require the Secretary of HHS to publicize standards for the electronic exchange, privacy and security of health information. 508(b)(4).46 45 CFR 164.532.47 "Psychotherapy notes" means notes recorded (in any medium) by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling session or a group, joint, or family counseling session and that are separated from the rest of the of the individual's medical record. This is a summary of key elements of the Privacy Rule including who is covered, what information is protected, and how protected health information can be used and disclosed. The Standards for Privacy of Individually Identifiable Health Information (Privacy Rule) establishes a set of national standards for the use and disclosure of an individual's health information called protected health information by covered entities, as well as standards for providing individuals with privacy rights to understand and control how their health information is used. Similarly, a covered entity may rely upon requests as being the minimum necessary protected health information from: (a) a public official, (b) a professional (such as an attorney or accountant) who is the covered entity's business associate, seeking the information to provide services to or for the covered entity; or (c) a researcher who provides the documentation or representation required by the Privacy Rule for research. Exception Determination. 164.512(g).36 45 C.F.R. 160.202.87 45 C.F.R. 160.30488 Pub. The HIPAA Privacy Rule requires that covered entities apply appropriate administrative, technical, and physical safeguards to protect the privacy of protected health information (PHI), in any form. A person who knowingly obtains or discloses individually identifiable health information in violation of the Privacy Rule may face a criminal penalty of up to $50,000 and up to one-year imprisonment. 164.501.21 45 C.F.R. The health plan may not question the individual's statement of Telephone or dictated conversations HIPAA protects the privacy of Personal Health Information (PHI). 164.512(a).30 45 C.F.R. For internal uses, a covered entity must develop and implement policies and procedures that restrict access and uses of protected health information based on the specific roles of the members of their workforce. An organized system of health care in which the participating covered entities hold themselves out to the public as part of a joint arrangement and jointly engage in utilization review, quality assessment and improvement activities, or risk-sharing payment activities. Civil Money Penalties. 164.530(h).75 45 C.F.R. In addition, if OCR states that it intends to impose a penalty, a covered entity has the right to request an administrative hearing to appeal the proposed penalty. The final regulation, the Security Rule, was published February 20, 2003. "78) To be a hybrid entity, the covered entity must designate in writing its operations that perform covered functions as one or more "health care components." covered entity has a reasonable belief that the personal representative may be abusing or neglecting the individual, or that treating the person as the personal representative could otherwise endanger the individual. Avoid having conversations about patients in public places, such as elevators, public hallways, or the cafeteria. 160.102, 160.103; see Social Security Act 1172(a)(3), 42 U.S.C. Laboratory data The Rule contains provisions that address a variety of organizational issues that may affect the operation of the privacy protections. 1320d-1(a)(3). 164.512(j).41 45 C.F.R. Resource Locators (URLs); (xiv) Internet Protocol (IP) address numbers; (xv) Biometric If requested by the plan sponsor, summary health information for the plan sponsor to use to obtain premium bids for providing health insurance coverage through the group health plan, or to modify, amend, or terminate the group health plan. "77 (The activities that make a person or organization a covered entity are its "covered functions. security numbers; (vii) Medical record numbers; (viii) Health plan beneficiary numbers; (ix) A covered entity must make reasonable efforts to use, disclose, and request only the minimum amount of protected health information needed to accomplish the intended purpose of the use, disclosure, or request.50 A covered entity must develop and implement policies and procedures to reasonably limit uses and disclosures to the minimum necessary.

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