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CIPP/US > Healthcare Laws > Flashcards

Healthcare Laws Flashcards

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1
Q

Reasons for healthcare laws

A

ones sense of self may be violated

more willing to be open about their issues

protects medical records of employees from the risk of unequal treatment

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2
Q

Initial purpose of Health insurance and portability act

A

improving efficiency in healthcare delivery

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3
Q

Government entity that published regulations to protect healthcare privacy

A

Department of health and human services

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4
Q

Covered Entities

A

Healthcare providers (hospitals, doctors), health care plans (insurers), clearing houses (where records are stored)

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5
Q

Misconception of entities that are covered

A

individuals seeking medical information via bookstore; medical
information websites, like WebMD; and health-related apps and wearables are not covered

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6
Q

A covered entity may share protected health information with BLANK to help the covered entity carry out its health care functions, provided it puts in place a contract with specified safeguards

A

Business associates (think of like processors/suppliers)

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7
Q

True/False: HIPAA does not preempt stricter state laws

A

True

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8
Q

Protected Health Information

A

Individually identifiable health
information that is transmitted or
maintained in any form.

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9
Q

Types of penalties for HIPAA offenses

A

Criminal and civil

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10
Q

Types of offenses

A

If an individual knowingly, and in violation of HIPAA
1) uses or causes to be used a unique health identifier,
2) obtains individually identifiable health information (IIHI) or
3) discloses IIHI to
another person

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11
Q

Electronic PHI

A

PHI that is transmitted or maintained in electronic media, not including paper records, paper-to-paper fax or
voice

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12
Q

Disclosures under HIPAA require this

A

Opt-in authorization

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13
Q

Must provide this at date of first service delivery

A

Privacy notice

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14
Q

Individual rights under HIPAA

A

Access, copy, and amend their PHI

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15
Q

Restrictions and use of deidentified health information

A

There are no restrictions on the use of deidentified health information provided
it neither identifies nor provides a reasonable basis to identify an individual

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16
Q

True/False: Research can occur with or without consent if an authorized entity approves it

A

True

17
Q

Other reasons PHI can be shared without consent

A

reporting abuse or neglect, judicial
and administrative proceedings, to prevent or lessen a serious threat to health and safety, and for specialized
government functions

18
Q

Health information portability and accountability act security rule requirements

A

Identify an individual responsible for implementation and oversight of Security Rule compliance

Conduct initial and ongoing risk assessments of potential risks and vulnerabilities of ePHI

Implement security awareness and training program for workforce

19
Q

Health Information Portability and Accountability Act Privacy Rule requirements

A

Covered Entities must designate a privacy official who is responsible for the development and implementation
of privacy protections

Personnel must be trained

Complaint procedures must be in place

20
Q

True/False: The privacy and security rules must be maintained by separate people

A

False

21
Q

Breach definition under health information portability and accountability act

A

impermissible use or disclosure under the privacy rule that compromises the security or privacy of the protected health information

22
Q

Who must breach notifications be sent to (if certain thresholds are met)

A

affected individuals
media
HHS secretary

23
Q

HIPAA breach notification exceptions:

A
  1. The information was unintentionally acquired, accessed or used by a workforce member acting under the
    authority of a covered entity or business associate and made in good faith and within the scope of
    authority
  2. The information was accidently disclosed between two authorized individuals
  3. It is believed that the unauthorized person who saw the information would not have been able to retain
    it
24
Q

What is the purpose of the genetic information nondiscrimination act?

A

Creates national limits on the use of genetic information in health insurance and employment

25
Q

What HIPAA revision did the genetic information nondiscriminatory act direct the HHS secretary to make?

A

to include genetic information in the definition of PHI

26
Q

Genetic health nondiscriminatory act prevents insurers from

A

Implementing higher premiums based on genetic tests

Using genetic predisposition to deny coverage based on a preexisting condition

27
Q

Genetic health nondiscriminatory act prohibits employment discrimination based on genetic information, including:

A

Unions and training programs
• Family members who have manifested a disease
• Requirements or requests for genetic information

28
Q

Health information technology for economic and clinical health act of 2007 purpose

A

Extends direct liability to business associates for compliance with certain provisions of the HIPAA Rules

29
Q

The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act was adopted to:

A

prompt privacy protections for people seeking medical care for alcohol and substance abuse

30
Q

True/False: Comprehensive alcohol abuse and alcoholism prevention, treatment, and rehab act preempts state laws

A

False

31
Q

Comprehensive alcohol abuse and alcoholism prevention, treatment, and rehab act preempts state laws SCOPE

A
  • Use and disclosure of patient-identifying information

* Restricts using information that could lead to criminal charges

32
Q

Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act applicability

A

Federally funded programs

May apply to other entities that:
• Are required by state licensing
• Use controlled substances that require licensing through the U.S. DEA

33
Q

Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act disclosure exceptions

A

Emergencies, research, evaluations, crimes on premises or against
personnel, child abuse reporting, court orders

34
Q

Cures Act privacy provisions:

A

Exempts mandatory disclosure of individual biomedical research information under the Freedom of
Information Act
• Researchers are allowed to remotely review PHI under HIPAA Rules
• Prohibits information-blocking that would interfere with the exchange of electronic health information
• Requires “Certificates of Confidentiality” for research, particularly for those with alcohol and/or
substance abuse issues
• Provides guidelines for permissible “compassionate” sharing of mental health or substance abuse
information with family or caregivers

35
Q

Which act is intended to
expedite the research process
for medical devices and
prescription drugs?

A

21st Century Cures Act

CIPP/US (15 decks)

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