Chpt 9 Flashcards

1
Q

HIPAA Title 1

A

Protect consumers changing jobs

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2
Q

HIPAA Privacy rule

A

Protects the type of data that is communicated

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3
Q

HIPAA Security rule

A

Protects the databases and data for security

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4
Q

HIPAA enforcement rule

A

Indicates procedures for enforcement and procedures for hearings and penalties

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5
Q

HIPAA Breach notification rule

A

Requires healthcare providers to notify individuals when there has been a breach of protected information

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6
Q

Preexisting condition

A

A condition for which a patient received treatment in a certain period before beginning coverage with a new insurance plan

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7
Q

HIPAA preexisting conditions

A

Limit preexisting condition periods to 12 to 18 months
Clause may be avoided in the new plan for patients who have proof of coverage that was not interrupted by a period of 63 days or more and had a full year of coverage at a previous job

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8
Q

HIPAA Title II

A

Prevention of healthcare fraud and abuse and simplification of administrative processes in the deliverance of healthcare

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9
Q

PHI

A

Protected health information
Any patient information that includes identifiers that could be used to identify the patient

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10
Q

Title II privacy rule portion

A

Regulates how PHI may be transmitted from one place to another
Applies to any healthcare provider who transmits patient information electronically

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11
Q

Entities exempt from complying with HIPAA regulations

A

Genetic testing companies that consumers contact directly
Mobile apps used for health and fitness
Law enforcement agencies
Schools
Employers
State agencies
Insurance companies
Alternative medicine providers

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12
Q

Disclosure of patient information to the patient upon request
Privacy rule

A

Within 30 days

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13
Q

Patient disclosure to others
Privacy rule

A

Patient’s written consent to transfer records from one provider to another
May happen without consent- child abuse must be reported

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14
Q

Minimum necessary rule
Privacy rule

A

States that only the minimum amount of information necessary is to be shared
Release of all information in a patient’s file is not necessary
Also applies to employees performing their jobs in a medical office

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15
Q

Correction of a health record

A

If patient disagrees with what is in their health record, they may submit a written statement requesting that information be changed. Becomes a part of the health record but the original information also remains
Not required to change it

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16
Q

Outlining disclosures to a patient
Privacy rule

A

Upon request, provide a list of occasions that information was shared along with details of the information shared and to whom it was provided

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17
Q

Violation of privacy rule

A

File complaint with Department of Health and Human Services, Office for Civil Rights

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18
Q

Improper disclosure
Privacy rule

A

Accidental or unintended
Notify patient of details of information disclosed and to whom, as well as details as to what the privacy officer did to retrieve or destroy the information disclosed

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19
Q

Privacy officer
Privacy rule

A

An employee in a healthcare facility charged with the duty of educating others on HIPAA compliance
Point person for complaints
Trains staff on HIPAA regulations
Maintains a log of improper disclosures
Discloses to the patient any improper privacy violations

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20
Q

Electronic billing ml
Privacy rule

A

The process of sending medical claims to insurance carriers electronically
Both claim and payment may be made electronically

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21
Q

HIPAA Security rule

A

2005
Safekeeping of electronic information within the healthcare facility
3 parts: administrative, physical and technical

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22
Q

Administrative safeguards
Security rule

A

Written privacy practices and given to patients- signed by each patient
Alerts the patient to the existence of privacy practices and their right to a copy

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23
Q

Access to records
security rule

A

Which employee type should be permitted access to records
Minimum necessary rule applies

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24
Q

Proper training regarding PHI
Security rule

A

Written policies on training of personnel on handling of PHI

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25
Physical safeguards under the security rule
Erase and dispose of old computer equipment Access to electronic equipment safeguarded-password protection, block physical access, keep patient information out of view
26
Technical safeguards under the security rule
Information sent electronically must be encrypted and only sent over private networks Use of firewalls
27
Encrypted
To mathematically scramble information in a way that keeps unauthorized persons from viewing it
28
Firewalls
A software program or hardware device designed to work with the computer to add a layer of security between the data on the computer and the network to which it is connected
29
Unique identifier National provider identifier
A unique number issued by Medicare to each individual provider Prior to HIPAA the provider would have a separate number for each insurer Follows the provider throughout their career
30
Numbers needed for providers
NPI DEA number State license number Federal tax ID number
31
HIPAA Enforcement rule
Civil penalties Unintentional violation: $100-$50,000 Max $25,000-1.5 million Violation due to reasonable cause but not willful neglect: $1,000-50,000 Max $100,000-1.5 million Willful neglect but corrected in allotted time: $10,000-50,000 Max $250,000-1.5 million Willful neglect but not corrected: $50,000-50,000 Max 1.5 million-1.5 million
32
HIPAA violations carry criminal penalties in rare instances
33
The business associate agreement
Written form that outlines the expectations of the healthcare provider or organization with regard to the business associate
34
Business associates
Janitorial staff Transcription employees Healthcare students performing an internship Equipment manufacturers or sales staff Computer repair persons
35
The red flags rule
Compiled by Federal Trade Commission (FTC) in 2007 Government legislation requiring all healthcare facilities to implement a written Identity Theft Prevention Program designed to detect the warning signs of identity theft in their day-to-day operations Planned for November 1, 2008; pushed back to December 31, 2010 Medical facilities must have procedures in place
36
Red flags rule implementation
Show photo id Take photo of patient for record
37
Corporate compliance plan
Establish how the organization will comply with federal, state and local regulations Address: Employees don’t read other employees medical records Employees don’t share computer passwords Employees don’t discuss patient care with anyone without permission Employees are trained in proper disposal of sensitive medical records
38
HITECH
Health Information Technology for Economic and Clinical Health Act Part of American Recovery and Reinvestment Act of 2009 Federal legislation that addresses the privacy and security concerns associated with the electronic transmission of health information Extended possible penalties to business associates of covered providers or organizations Required to notify patients of any potential breach of information and to create new rules for disclosures
39
The Joint Commission
Federal organization that bestows accreditation status to healthcare facilities after a thorough inspection and passage of safety and quality measures Not-for-profit Accredited organizations are committed to meeting certain standards
40
The joint commission in ambulatory settings
Performance areas reviewed: Environment of care Emergency management Human Resources Infection prevention and control Information management Leadership Life safety Medication management National patient safety goals Performance improvement Provision of care, treatment and services Record of above Reporting of sentinel events Rights and responsibilities of the individual Transplant safety Waived testing 1. Apply for accreditation-funded by healthcare organization
41
Sentinel event
Any incident in a healthcare facility when a patient is injured or could have been injured Must be reported to the joint commission as part of the accreditation standards
42
OSHA
Occupational Safety and Health Act, passed in 1970 Legislation that affects safety for employees in all occupational settings, not just healthcare Regulates working conditions in all states Part of US Department of Labor Administrator is the assistant secretary of labor for occupational safety and health Pertains to materials employees exposed to and necessary protections if they work with harmful substances Inspectors have a right to inspect any facility
43
Bloodborne pathogens rule
OSHA, 1983 Enacted into law, Bloodborne pathogens act of 1992 Healthcare employees must have an exposure control plan (written) in place -updated each year, use controls for reducing exposure-sharps containers and retracting needles, provide appropriate measures for reducing exposures-includes training, provide employees with necessary protective equipment, provide hep B vaccine to employees within 10 days of exposure, provide needed follow-up after exposure, label any items that contain hazardous materials , provide proper training on possible hazards in the workplace to all employees, maintain a record of all training
44
Bloodborne pathogens
Any infectious material in blood that can cause disease in humans
45
Hazard Communication Safe Data Sheet HCSDS
Formerly the material safety data sheet A sheet that outlines the potential risks associated with a chemical, required by OSHA for any potentially dangerous chemical Label all chemicals with a potential for harm
46
HCS forms
Available from manufacturer or created by healthcare employer Keep all together in a binder
47
OSHA Exposure Control Plan
Plan to prevent exposure to Bloodborne pathogens Update every year Must outline OSHA regulations Available for OSHA inspection if requested Outline OSHA regulations, the ways in which the employer is working to protect the employees, and more Templates found at OSHA.gov
48
Labeling biohazards
Use red bags or containers Available in any room where activity takes place
49
Personal Protective Equipment
Wear when there is any occasion to come into contact with bodily fluids Must have gloves , latex-free if necessary Gown, eye and face protection if splatter possible All at employer expense
50
Other OSHA Mandated care
Fire extinguishers Class A: ordinary combustibles - wood, paper, cloth Class B: flammable liquids-grease, paint, oil, gasoline Class C: electrical equipment-wiring appliances, electronics
51
PASS
Pull pin Aim at base of fire Squeeze handle Sweep side to side
52
CLIA
Clinical Laboratory Improvement Amendments Act of 1988; implemented in 1992 Guides the rules and regulations associated with operating a laboratory Comply regardless of size and pay a fee State regulations as well Tests of low, medium or high complexity Standardized laboratory testing so patient receives the same results from any lab
53
Fraud
An intentional deception or misrepresentation made by a person with the knowledge that the deception could result in a benefit to oneself or another Laws on state and federal level
54
Abuse
A practice that is inconsistent with sound fiscal, business or medical practices and results in unnecessary costs to the Medicare or Medicaid program or in reimbursement for services that are not medically necessary ; improper behavior and billing practices that result in financial gain but are not fraudulent.
55
Upcoding
Choosing to use a higher level of service code than is appropriate for the actual level of service provided
56
Unbundling
Billing for services (typically lab services) separately instead of as a bundled group
57
Penalties for fraud and abuse
Exclusion from Medicare and Medicaid
58
False claim
Billing for services that were not provided to the patient, billing for services that were different from those actually rendered , and billing for services provided to the patient that were not medically necessary Penalty: fines -$250,000 and up to 5 years in jail
59
False statements
Up to $10,000 in fines and up to 5 years in jail
60
Bring to attention of your supervisor if you feel the insurance carrier is being billed incorrectly
61
Patient Protection and Affordable Care Act
March 23, 2010 Elimination of lifetime monetary limits on healthcare Removal of preexisting conditions clauses Provision of care to more American children Access to preventive services without copayments Extends Medicaid eligibility Tax penalties for those without insurance Exemptions for financial hardship Dependents covered until 26