Ethics Flashcards
What is HIPPA
HIPPA is the federal Health Insurance Portability and Accountability Act of 1996
What are goals of HIPPA?
increase efficiency (standardized format for electronic data). Improved privacy. Better security.
To whom does HIPPA apply?
The HIPPA provisions apply to anyone who provides health care and does electronic transmission of health care info.
What are the key areas of compliance and dates of implementation regarding HIPPA?
transactions (billing operations like faxing and facismile), privacy (individually identifiable health care info like date of birth), security (the security rule is intended to provide for the security of confidential electronic patient info), National provider identification, “red flag” rule (helps prevent identity theft).
All transaction/electronic billing must follow what federal guidelines?
HIPPA compliant software, and have a business associates agreement
what are key elements to keep your records private as a clinician?
privacy notice forms, patient authorization forms, policy and procedure guidelines (aka disclosure statement), business associate agreements, privacy officer, privacy compliance plan, grievance process, employee training, posted privacy notification.
key elements of compliance regarding privacy of records?
stronger state laws and stronger ethical codes may supersede HIPAA
Privacy of records and consent with HIPAA
obtain consent to freely share needed info with all involved in the provision of health care services.
What’s TPO?
treatment, payment and health care operations. this allows for open exchange of the info among treatment providers and related parties.
What does consent allow?
allows for open exchange of the following info among treatment providers and and related parties; rx monitoring (medical prescriptions), start/stop times, type of therapy, frequency # of sessions, results of clinical tests, summary of Dx, functional status, treatment plans, symptoms, prognosis and progress to date.
How long is consent good for?
in general its good for up to 6 years unless revoked in writing. records must be kept for 6 years. in OR they must be kept for 7.
What is record amendment and how does it work?
provision must be made for pts to amend the record in those instances where they believe the record is in error or incomplete. this provision allows the pt to give their view of any perceived factual errors while preserving the original record.
How do you obtain authorization to share info with anyone outside of the TPO?
To be valid, an authorization must include; the name/identification of the person making the disclosure, the name or title of the person or organization to which the disclosure is to be made, the name of the patient, the specific type of info to be released, the specific purpose of the disclosure, a statement that the authorization to disclose is subject to revocation at any time except to the extent that the program or person has already acted in reliance on the authorization to disclose, the signature of the person legally authorized to give consent with any supporting documentation, current date with signature, specific date or occasion on which the authorization expires.
How to you keep records of authorization?
with an information log, and it must record disclosures based on authorizations who, what, purpose, date. You must retain the log for 6 years.
legally and ethically, psychologists can generally release private info about pts outside of the TPO if….
authorized, legally compelled, to obtain essential emergency services.
