Chapter 11 - HIPAA Privacy Rule: Part II

Question 1

unreviewable denial

Answer 1

a denial of a release of information request that cannot be appealed
examples include requests for psychotherapy notes by a patient, health information held by prisons when release of such information would create a danger, and health information generated during an ongoing research study which may jeopardize the study (the information can be released once the study is over)

Question 2

search and retrieval fees

Answer 2

fees for pulling up a medical record; hospitals cannot charge the patient who wishes to see their own health information, but can charge other people who request it

Question 3

amendment request

Answer 3

a request to change something in the medical record

this is provided for under the “right to amend” or “right to request amendment” in healthcare law

Question 4

Accounting of Disclosures (AOD)

Answer 4

also called HIPAA Disclosure Accounting
the action or process of keeping records of disclosures of PHI for purposes other than Treatment, Payment, or Healthcare Operations. You are required by law to provide patients a list of all the disclosures of their protected health information that you have made outside of TPO.

Question 5

access report

Answer 5

a proposal by the HHS; it allows patients, upon request, to receive a list of all individuals who view their health record during the past 3 years

Question 6

promulgation (verb: promulgate)

Answer 6

to make (an idea, belief, law, etc.) known to many people by open declaration

Question 7

altered authorization

Answer 7

a situation where authorization is required, but one or more standard authorization elements are omitted

Question 8

Data Use Agreement (DUA)

Answer 8

a contractual document used for the transfer of non-public or restricted use data

Question 9

stand-alone HIPAA authorization

Answer 9

a document that is used to obtain permission from an individual for a covered entity to use and/or disclose the individual’s identifiable health information for a research study, and that is not combined with an informed consent document to participate in the research study itself

Question 10

compound authorization

Answer 10

an authorization for use or disclosure of protected health information, combined with another document

Question 11

Conditioned vs. Unconditioned Authorizations

Answer 11

To understand this one must understand what is meant by a “conditioned authorization” and an “unconditioned authorization.”
For these purposes a conditioned authorization is one that conditions treatment, payment, enrollment in a health plan, or eligibility for benefits on the individual giving the authorization to use or disclose such individual’s information.
An unconditioned authorization is one that does not condition the treatment, payment, enrollment in a health plan, or eligibility for benefits on an individual giving the authorization to use or disclose such individual’s information.

Question 12

preemption

Answer 12

(1) the right of purchasing before others (or the purchase of something under this right)
(2) a prior seizure or appropriation: a taking possession before others
(3) a doctrine in law according to which the legislation of a superior government (such as a state government) supersedes that of an inferior government (such as a municipal government) in conflicts of law
(4) a policy of launching a preemptive attack in order to prevent a suspected imminent attack

Question 13

municipal

Answer 13

(1) of or relating to the internal affairs of a major political unit (such as a nation)
(2) of, relating to, or characteristic of a municipality
(3) restricted to one locality

Question 14

municipality

Answer 14

(1) a primarily urban political unit having corporate status and usually powers of self-government
(2) a city or town that has corporate status and local government
(3) the governing body of a municipality

Question 15

privacy officer

Answer 15

a person responsible for developing and implementing privacy policies and procedures

Question 16

Retaliation and Waiver

Answer 16

This is a HIPAA rule:
A covered entity may not retaliate against a person for exercising rights provided by the HIPAA Privacy Rule, for assisting in an investigation by HHS or another appropriate authority, or for opposing an act or practice that the person believes in good faith violates the Privacy Rule. A covered entity may not require an individual to waive any right under the Privacy Rule as a condition for obtaining treatment, payment, and enrollment or benefits eligibility.

Question 17

desk audit

Answer 17

It’s an interview with the incumbent to obtain information about his/her duties and responsibilities.

Question 18

incumbent

Answer 18

(noun) the holder of an office or ecclesiastical benefice
(noun) one that occupies a particular position or place
(adjective) imposed as a duty
(adjective) having the status of an incumbent
(adjective) lying or resting on something else

Question 19

benefice

Answer 19

(1) an ecclesiastical office to which the revenue from an endowment is attached
(2) a feudal estate in lands

Question 20

endowment

Answer 20

(1) the part of an institution’s income derived from donations
(2) natural capacity, power, or ability

Question 21

resolution agreement

Answer 21

a settlement that aims to resolve complaints by the U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) against a business associate or covered entity (CE). CEs include healthcare organizations, health insurance companies, or private practices.
In the resolution agreement, the CE agrees to perform certain obligations under a corrective action plan and submit regular reports to HHS for a specified period of time, generally for three years. Some HIPAA resolution agreements include a resolution payment.