law- practice questions OBRA & HIPAA for final exam Flashcards

1
Q

OBRA ‘90 was the first law to do what

what is the primary goal?

what model did it adopt?

what does it require states to do? in order for the state to get what

A

first federal law directly regulating pharmacy practice standards

The primary goal to save money

Adopts the “pharmaceutical care” or “pharmacist care” model that pharmacy developed for itself

The law establishes minimal requirements that states must adopt and requires that states actually establish the standards in order to continue receiving federal funds for Medicaid.

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2
Q

who are rebates for and what is the requirement

what is the ____ price?

how is a rebate accomplished?

A

for manufacturers

for them to provide drug products to the Medicaid program at their best price

the best price is the lowest price of the product

accomplished by the manufacturer showing the difference between the average manufacturer’s price and the best price

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3
Q

who funded demonstration projects?

what does it evaluate

A

OBRA funded demonstration projects

used to evaluate whether the DUR requirements would result in improved patient care and decreased costs.

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4
Q

what does DUR stand for

what are the types of DUR programs?

A

Drug use review

two types:
– retrospective review
– prospective DUR (Pro-DUR)

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5
Q

what must each state have concerning a DUR board?

what does the DUR board do

what does the board have the authority to do

which type of DUR is this under

A

Each state must establish a DUR board composed of physicians and pharmacists to oversee retro-DUR.

The board reviews medication use data and compares it to target criteria.

The board has the authority to recommend and establish educational programs for providers who are not meeting target criteria.

this is retrospective DUR

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6
Q

what does prospective DUR evaluate

what does it examine

A

evaluates the prescribed drug therapy before the Rx is dispensed

The DUR board can examine data generated from pro-DUR to determine if drug use problems are being resolved or continuing.

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7
Q

what are the components of Pro-DUR?

A

screening

counseling

patient profile

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8
Q

for screening under Pro-DUR

what must a pharmacist do

what does OBRA have

can the computer software replace a pharmacist

A

Pharmacists must detect potential drug use problems before Rx is dispensed.

OBRA lists seven general categories of potential problems that should be screened.

Computer software does not replace the professional judgment of a pharmacist.

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9
Q

for counseling under pro-dur

what does it require

what does it provide to the pharmacist?

what does common severe side effect believed to mean

who can offer to counsel

what does the patent have the right to do

A

Requires an “offer to counsel” patient or caregiver

Lists several points of information counseling could include, but allows pharmacist to determine the content of the counseling based on professional judgment

Meaning of phrase “common severe side effect” generally believed to mean common or severe

An offer to counsel may be made by ancillary personnel or other means in some states, while some states require counseling, the patient has the right to waive counseling.

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10
Q

for patient profiles under pro-dur

what does it require the pharmacy to have

what must be reviewed before dispensing and what is it critical for

A

Requires pharmacy to obtain, record, and maintain a record of specified information about the patient

A review of the patient profile prior to dispensing is critical to effective screening and counseling.

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11
Q

what does HIPAA stand for

A

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

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12
Q

what is the general purpose of HIPAA

what is the partciular purpose of HIPAA

who enforces HIPAA

A

to improve the efficiency and effectiveness of the healthcare system

Particular purpose to regulate the privacy and security of health information

Enforced by the Department of Health and Human Services

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13
Q

what does HIPAA target

A

Transaction and code sets

National provider identities

Security of health information

Privacy of health information

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14
Q

what is Transaction and code sets
and what is it under

A

under HIPAA

Intent to establish uniform standards for electronic claims and data transmission to improve efficiency and lower costs

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15
Q

what is National provider identities
and what is it under

A

under HIPAA

Intent of uniformity, simplicity, reduced cost

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16
Q

what are the security requirements of HIPAA?

can entities develop their own HIPAA standards

A

Requires covered entities to develop physical, technical, and organizational procedure safeguards in order to protect health information from being improperly accessed, altered, deleted, or transmitted

Entities have considerable latitude to develop their own security measures, provided they achieve HIPAA objectives and standards.

17
Q

what is privacy requirements concerned with

what is the remainder of the HIPAA conversation concerned with

A

Concerned with patient’s rights and how and when the patient’s information may be used

Most of the remainder of the HIPAA discussion is concerned with privacy requirements

18
Q

who must comply with HIPAA?

what can the people who must comply to exempt

A

Covered entities (including health plans and healthcare providers that conduct transactions electronically) Business associates of covered entities

A covered entity may exempt non-healthcare parts of its operation.

19
Q

what is PHI

A

Protected Health Information (PHI)

20
Q

What does PHI include

A

Includes electronic and hard copy health information that both:

  • Relates to past, present, or future physical or mental health, provision of care, or payment for care
  • Could identify the patient
21
Q

what must a pharmacy provide and what must it contain

where must the two places that the requirement must be posted

A

Pharmacy must provide a “Notice of Privacy Practices” containing certain required information.

The notice must be posted in a prominent and visible location and made available upon request to any person.

If a pharmacy has a website, the notice must be posted there.

22
Q

what must a pharmacy make a good faith effort to do

how many times is it required for a patient

what a pharmacy not refuse even if the patient _____

can it ever be extended

who can sign this document

A

A pharmacy must make a good-faith effort to distribute notice to patients and obtain a written, signed acknowledgment of receipt.

Only required once for each patient

Cannot refuse treatment if patient refuses to sign

A written acknowledgment may be extended in several ways.

An acknowledgment may be signed by a patient’s personal representative (PR), but not by an agent who is not a PR.

23
Q

when is PHI used and disclosed

A

May be provided for the purposes of treatment, payment, and operations (TPO)

Must be provided to the patient if the patient requests

May be provided to the patient’s PR

May be provided to patient’s agent provided professional judgment applied

30-day requirement

24
Q

when does a patient have the right to request and receive a report of disclosures

what does a yet to be finalized rule entail

when can a patiennt request for a PHI to not be disclosed

A

A patient has a right to request and receive a report of disclosures over the past 6 years, except for TPO.

A yet to be finalized rule would allow a patient to request and receive all disclosures over the past 3 years.

A patient can request PHI not be disclosed to health plan if the purpose is for payment or operations, or if patient paid in cash.

25
Q

how much of a PHI can a pharmacy disclose

what still exists

A

A pharmacy may only disclose the minimum amount of PHI necessary to accomplish the objective.

Several important exceptions exist.

26
Q

minimum necessary meaning

A

the exclusion of direct patient identifiers.

27
Q

If complying with a limited data set is not possible, a pharmacy may include who

A

include direct identifiers to the minimum amount necessary and must be prepared to justify the use.

28
Q

what are pharmacies not responsible for

A

Pharmacies are not responsible for incidental uses and disclosures of PHI, provided they applied “reasonable safeguards” to protect the PHI.

29
Q

what is not PHI

How many items are considered to be identifiable

A

De-identified information is not PHI.

Eighteen items are considered as identifiable.

30
Q

what must pharmacy students consider

where can a student not discuss what

what must be secured

A

De-identify all presentations involving patients unless specific patient authorization given.

Do not discuss patients in public areas.

Secure patient charts, computers, and electronic files containing identifiers.