Safeguarding Medical Record Info Flashcards

1
Q

SECNAVINST 5211.5

A

Department of the Navy Privacy Act Program

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2
Q

What does HIPAA stand for?

A

Health Insurance Portability and Accountability Act

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3
Q

OPNAV 5211/9

A

Record of Disclosure

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4
Q

Penalties for violation of Privacy Act

A

fine up to $5k

civil penalties

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5
Q

Penalties for violation of HIPAA

A

Disclosure: Fine $50k/ 1 year prison
False pretenses: Fine $100k/ 5 years prison
Sold: Fine $250,000/ 10 years prison

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6
Q

Requirements for Privacy Act Statement DD 2005

A

Advice required by the privacy act of 1974
Members must read and sign the form
If they refuse must explain on SF 600

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7
Q

Who is responsible for administering and supervising the execution of the Privacy Act for the Department of the Navy?

A

Chief of Naval Operations

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8
Q

Who acts as the Privacy Act principal coordinator for the SECNAV?

A

Chief of Naval Operations

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9
Q

Who is responsible for administering and supervising the execution of the Privacy Act Program within the Marine Corps?

A

Commandant of the Marine Corps

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10
Q

SECNAVINST 5211.5E

A

DON Privacy Program

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11
Q

IDCs are responsible for safeguarding the rights of others by:

A
  • Permitting personnel to know what records are maintained
  • Allows access to their records
  • Permit amendment of such records when discrepancies are noted
  • Prevents records obtained for one purpose from being utilized for another purpose without consent
  • Requires the collection, maintenance, use or dissemination of records for necessary and lawful purposes only
  • Ensures information is current and accurate for the intended use
  • Ensures adequate safeguarding
  • Ensures requests for action concerning records are acted upon promptly
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12
Q

Officials are authorized to respond to requests for:

A

Notification
Access
Amendment of records

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13
Q

What officials have the authority for releasing information from the medical record

A
  • Officials having cognizance over the requested matter

- System managers

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14
Q

When considering release of information to the PUBLIC, what should you consider:

A
  • private and confidential nature

- invasion of privacy

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14
Q

When considering release of information to the INDIVIDUAL, what should you consider:

A

It might be injurious to the physical and mental health of the member

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15
Q

Release to a representative of the individual is authorized upon…

A

written request

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16
Q

When considering release of information to other gov’t agencies, what should you consider?

A

need to know basis

17
Q

What does HIPAA provide guidance on?

A

reasonable and appropriate safeguards for medical information

18
Q

What’s the purposes of disclosure accounting for releasing of information?

A

-allow individuals to determine to whom their records have been disclosed

19
Q

OPNAV 5211/9

A

Disclosure Accounting Form

20
Q

What’s the procedures for informing persons of disclosure information?

A

Must be recorded on OPNAV 5211/9

21
Q

When can individuals request amendments of their personal records?

A

when the records are inaccurate or irrelevant

22
Q

The request for record amendment shall:

A
  • Be in writing
  • Contain sufficient information to identify and locate the record
  • Must include a description of the information to be amended and the reason for the amendment
  • Contain copies of available documentary evidence supporting the request
  • Burden of proof rests with individual
23
Q

The systems manager shall provide the individual requesting amendment to their record a written acknowledgment of the request within how many days?

A

10 working days

24
Q

Only under exceptional circumstances should the amendment request take more than…

A

30 working days

25
Q

Violation of the Privacy Act is punishable by…

A
  • Fines up to $5k

- civil penalties

26
Q

What is considered violation of the Privacy Act?

A
  • Maintaining Unauthorized Records
  • Wrongful Disclosure
  • Wrongful Requesting or Obtaining Records
27
Q

What is the punishment for wrongful disclosure of HIPAA?

A

Fine of $50,000 and up to one-year imprisonment, or both

28
Q

What is the punishment for false pretenses of HIPAA?

A

Fine of not more than $100,000 and up to five years imprisonment, or both

29
Q

What is the punishment for intent to sell, transfer, or use HIPAA?

A

Fine of not more than $250,000 and up to ten years imprisonment, or both

30
Q

LIST the requirements of the Privacy Act Statement DD 2005

A
  • provides patients the advice required by The Privacy Act of 1974
  • Members during in-processing must read and sign
  • If the individual declines to sign, an explanatory entry on a SF 600 will be made.
31
Q

What is preprinted in part 2 of the Health Record?

A

Privacy Act Statement DD 2005

32
Q

What is preprinted in part 3 of the Health Record?

A

OPNAV 5211/9, Disclosure Accounting Form

33
Q

What’s the Privacy Act Program Instruction?

A

SECNAVINST 5211.5

34
Q

Who’s responsible for administering and supervising the execution of the the Privacy Act for the Navy?

A

CNO

35
Q

Who’s responsible for administering and supervising the execution of the the Privacy Act for the Marine Corps?

A

Commandant of the Marine Corps

36
Q

Who has the authority for release of HREC information?

A

officials who have cognizance over the requested matter

system managers

37
Q

What is maintaining unauthorized records?

A

maintain system of records without prior authorization

38
Q

What is wrongful disclosure?

A

Knowingly make a disclosure to someone not entitled to access

39
Q

What is wrongful requesting or obtaining of records?

A

requests or obtains a record of another individual under false pretenses