Regulatory Compliance & Quality - Section 3: HIPAA Flashcards

1
Q

What are the 3 rules in HIPAA governing data privacy and security?

A

Privacy, security, and breach notification

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2
Q

True or False:

Clinics must have policies and procedures to address the privacy, security, and breach notification rules as well as documentation of implementation

A

True

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3
Q

Clinic must have policies and procedures to address the privacy, security, and breach notification HIPAA rules, as well as documentation of ___

A

Implementation

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4
Q

Which rule addresses all forms of protected health information - paper, electronic, and oral

A

Privacy Rule

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5
Q

Which rule stipulates that safeguards must be implemented to prevent uses and disclosures of a patient’s protected health information without the patient’s authorization or expressed authorization within the rule itself.

A

Privacy Rule

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6
Q

True or False:

The Privacy Rule stipulates that there are instances in which the patient’s permission to disclose protected health information is not required

A

True

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7
Q

The Security Rule applies only to ___ forms of PHI

A

Electronic

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8
Q

The primary goal of the Security Rule is to protect the privacy of individuals PHI while allowing covered entities to adopt new technologies for what purpose?

A

To improve the quality and efficiency of patient care

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9
Q

Given tat the health care marketplace is diverse, the Security Rule is designed to be ___ and ___ so a covered entity can implement policies, procedures, and technologies that are appropriate for the entity’s particular size, organizational structure, and risks to consumers’ E-PHI

A

Flexible and scalable

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10
Q

Breach notification objectives require covered entities and their business associates to report breaches in privacy or security due to ___ health information

A

Unprotected

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11
Q

There is a set of ___ individually identifiable health information that could be used to identify a patient

A

18

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12
Q

These are the safeguards that HIPAA expects to be in place

A

Standards

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13
Q

The steps needed to achieve the requirements of a given standard

A

Implementation specification

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14
Q

All standards are ___

A

Required

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15
Q

Some implementation specifications are ___, which means that you must implement those standards

A

Required

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16
Q

Addressable does not mean ___

A

Optional

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17
Q

Addressable means that you must perform an assessment to determine if the implementation specification is ___ and ___ for your organization

A

Appropriate and reasonable

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18
Q

Health plans, clearinghouses, and providers which electronically transmit or receive any PHI

A

Covered entity

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19
Q

What are 3 examples of a covered entity?

A

Health plans, clearinghouses, and providers

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20
Q

Any organization or process working in an association with or providing services to a covered entity who handles or discloses PHI or personal health records

A

Business associate

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21
Q

What are the 3 situations when patients should receive the Notice of Privacy Practices?

A

The first time they visit the clinic, with every revision, and upon request

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22
Q

Post the Notice of Privacy Practices in a ___ area of your clinic

A

Visible

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23
Q

If you have a website, should you post the Notice of Privacy Practices on the website?

A

Yes

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24
Q

True or False:

The Notice of Privacy Practice must contain the following statement: “This notice describes how medical information about you may be used and disclosed and how you can get access to this information, Please review it carefully.”

A

True

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25
Q

A description and at least ___ example of the types of uses and disclosures that your clinic uses PHI for: treatment, payment, and healthcare options

A

One

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26
Q

True or False:

Notice of Privacy Practices Uses and Disclosures should include a statement and example of uses and disclosures that do and do not require authorization

A

True

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27
Q

NPP Individual Rights

Request ___ on certain uses and disclosures of PHI, including a statement that your clinic does not have to agree to a requested restriction

A

Restrictions

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28
Q

True or False:

If a patient requests restrictions on certain uses and disclosures of PHI, your clinic must agree to it

A

False; your clinic does not have to agree to a requested restriction

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29
Q

NPP Individual Rights

Receive \_\_\_ communications
Right to \_\_\_ and \_\_\_ PHI
Right to request an \_\_\_ to PHI
Right to receive an accounting of \_\_\_
Right to receive your NPP \_\_\_ and/or upon \_\_\_
A
Confidential
Inspect and copy
Amendment
Disclosures
Electronically and/or upon request
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30
Q

NPP Complaints

Information on how to file a privacy/security complaint with your clinic and with the ___ of ___

A

Secretary of HHS

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31
Q

NPP Contact

Contact information for the person in your clinic responsible for ___
Does not have to include their name, but must include a title such as “___ ___”

A

Privacy

Privacy Officer

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32
Q

NPP Effective date

The date the NPP became ___ and the date it was last ___

A

Effective

Revised

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33
Q

Who should access to PHI be limited to?

A

Those with a legitimate reason within their job duties to see PHI

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34
Q

Limit disclosures of PHI in your clinic to the amount reasonably necssary to achieve the purpose of ____ (i.e., referrals to other providers, disclosures to payers)

A

Disclosure

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35
Q

Develop a ___ (or policy) designed to limit the PHI within a given disclosure or access to PHI

A

Criteria

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36
Q

The business record generated at or for a healthcare organization

A

Legal record set

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37
Q

The record that would be released upon receipt of a request

A

Legal record set

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38
Q

The officially declared record of healthcare services provided to an individual delivered by a provider

A

Legal record set

39
Q

A group of records maintained by or for a covered entity that is the medical and billing records about individuals; enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan; information used in whole or in part by or for the HIPAA covered entity to make decisions about individuals

A

Designated record set

40
Q

What is the purpose of the designated record set?

A

To comply with the Privacy Rule requirements for uses, disclosures, patient right of access and amendment

41
Q

The contents of a designated record set are not supported for ___ requests for disclosures

A

External

42
Q

A partially de-identified record

A

Limited record set

43
Q

The following record types are included in the designated record set:
___ record
___ clinical data
___ records and reports

A

Clinical
Source
External

44
Q

A person or entity that performs certain functions or activities that involve the use or disclosure of PHI on behalf of, or provides services to, a covered entity

A

Business associate

45
Q

A member of a covered entity’s workforce IS or IS NOT a business associate

A

Is not

46
Q

True or False

You must enter into a BAA with every business associate

A

True

47
Q

You should periodically ___ your BAAs

A

Review

48
Q

You should periodically assess your business associate’s ___ with your BAA

A

Compliance

49
Q

True or False

Patient do not have the right to access their designated record set

A

False; do have the right to access

50
Q

Requests to release PHI to patients or personal representative must be done in ___

A

Writing

51
Q

Patients should be provided access to their PHI within ___ calendar days of the request (___ 30-day extension is permissible under certain circumstances)

A

30

One

52
Q

True or False

OCR is increasing enforcement on patient access to records

A

True

53
Q

Provision, coordination, or management of healthcare and related services amount healthcare providers, provider with a third party, or consultation between healthcare providers

A

Treatment disclosure

54
Q

Referrals from one healthcare provider to another DO or DO NOT require authorization from the patient

A

Do not

55
Q

Activities involved to obtain payment or be reimbursed for their services:

Determining ___ or ___
Billing and ___ activities
Reviewing healthcare services for medical ___, coverage, justification for charges
Utilization ___
Disclosure to ___ reporting agencies
Verify dates of ___ prior to disclosing patient information to payer

A
Eligibility or coverage
Collection
Necessity
Review
Consumer
Coverage
56
Q

Healthcare operations disclosure:
Conducting ___ assessment and improvement activities
Patient ___ activities
Protocol ___
Case ___
Reviewing the competence or ___ of healthcare professionals
Training ___
Accreditation, certification, licensing, or ___ activities
Fraud and abuse ___ and compliance programs
Conducting or arranging for medical ___
Business planning and ___

A
Quality
Safety
Development
Management
Qualifications
Programs
Credentialing
Detection
Review
Development
57
Q

A clinic may ___ choose to obtain a patient’s consent, even when not required, to release PHI

A

Voluntarily

58
Q

Patients have the right to request ___ on how your clinic uses and discloses their information

A

Restrictions

59
Q

Patients have the right to request restrictions on how your clinic uses and discloses their information. You are not required to adhere to such requests, but you are ___ by any restrictions you agree to

A

Bound

60
Q

Patient have the right to pay in ___ for their treatment and limit or restrict disclosures to their ___ company

A

Full

Insurance

61
Q

RHCs may charge patients a ___ fee for copies of their record

A

Reasonable

62
Q

RHCs MAY or MAY NOT withhold patient records if they have not paid for services rendered

A

May not

63
Q

RHCs may not charge patients for accessing records. They can only charge for what?

A

For costs associated with making copies and supplies required to make the copies

64
Q

Acceptable fees for record copies:

___ for copying the PHI (does not include the costs for retrieving the records)
Supplies for ___ (paper, ink, USB drive, or other paper or electronic medium supplies necessary to process the request)
Labor to prepare a ___ of explanation of PHI
___ when records are requested to be mailed

A

Labor
Copying
Summary
Postage

65
Q

Acceptable labor charges for record copies:

___ PHI
Scanning paper PHI into ___ format
Converting electronic PHI from one format into the format ___ by the individual
Transferring electronic PHI to a ___ portal
Creating and executing a mailing or ___ of PHI

A
Photocopying
Electronic
Requested
Web
Emailing
66
Q

Labor charges for record copies do NOT include ___ the request

A

Reviewing

67
Q

Labor charges for record copies do NOT include searching for, retrieving, or otherwise ___ for processing the request

A

Preparing

68
Q

Labor charges for record copies do NOT include information already electronically ___ through the RHC’s patient portal

A

Available

69
Q

If the RHC chooses to charge for record copies, when must it inform the patient of this?

A

At the time of the request the patient must be informed that charges apply to record copies

70
Q

What are the 3 manners to charge for record copies?
___ cost - the actual cost of labor and supplies
___ cost - in lieu of calculating actual costs, RHC may create a table of average labor and supply costs for similar record copy requests
___ fee - RHC may choose to charge a flat fee of $6.50 for record copies inclusive of all labor and supplies

A

Actual
Average
Flat

71
Q

If the RHC chooses to charge for records, it must apply across ___ patients for similar record requests

A

All

72
Q

Within the Security Rule, what are the 3 safeguards?

A

Administrative, physical, and technical

73
Q

The Security Rule only applies to ___ PHI

A

Electronic

74
Q

What are the 2 types of implementation specification in the Security Rule?

A

Required and addressable

75
Q

Addressable does not mean ___

A

Optional

76
Q

For implementation specifications, your clinic must assess whether or not the specification is ___ in your clinic

A

Reasonable

77
Q

For implementation specifications, your clinic must assess whether or not the specification is reasonable in your clinic. If it is deemed to not be reasonable, you must implement an ___ process to achieve the goal and ___ the reasoning on why you have opted to not implement the specification

A

Alternate

Document

78
Q

Administrative safeguards

___ implementation specifications

A

23

79
Q

Physical safeguards

___ implementation specifications

A

10

80
Q

Technical safeguards

___ implementation specifications

A

9

81
Q

Your security program should include the following requirements:
Security risk ___
Creating a risk ___ plan
Creating ___ and procedures

A

Analysis
Management
Policies

82
Q

How does your security program being?

A

By conducting a risk analysis

83
Q

Your security program will be built to protect against discovered or potential ___ and vulnerabilities

A

Threats

84
Q

Security rule basis - the risk analysis
Identify ___ threats and vulnerabilities to your clinic
Create a risk management plan to mitigate identified or potential ___ and vulnerabilities
Adopt or create policies/procedures which address ___ issues

A

Realistic
Threats
Security

85
Q

True or False

HIPAA requires an annual risk analysis

A

False; does not require an annual risk analysis

86
Q

True or False

Your EMR does not conduct your risk analysis for you

A

True

87
Q

True or False

There are many ways to conduct a risk analysis

A

False

88
Q

HIPAA requires all clinics to send out periodic ___ ___

A

Security reminders

89
Q

HIPAA requires you to train your employees on what?

A

YOUR security and privacy procedures - not just a HIPAA 101

90
Q

Having policies in place is just a ___ of your HIPAA compliance obligation

A

Fraction

91
Q

Why must your clinic develop a plan of implementation?

A

To ensure your clinic and staff are adhering to your policies and procedures

92
Q

You should ___ your implementation efforts

A

Document

93
Q

Train your staff on your policies and procedures. HIPAA ___ training is not sufficient to train your staff on how to protect the privacy and security of your patient information

A

Basic