Unit 4.2 Safeguarding medical information

Question 1

STATE key personnel responsibilities in regards to the Privacy Act Program

Answer 1

• Chief of Naval Operations:
• Commandant of the Marine Corps
• Independent Duty Corpsman
• – As the SMDR, IDC’s must familiarize themselves with the provisions of HIPAA and the SECNAVINST 5211.5e (DON Privacy Program), and are responsible for safeguarding the rights of others by

Question 2

STATE the purposes of disclosure accounting for releasing of information

Answer 2

OPNAV 5211/9, Disclosure Accounting Form, must be used to record disclosure of information. Preprinted in part 3 of the NAVMED 6150/2_ (Military Health Treatment Record jacket)

Question 3

LIST the procedures for amending records

Answer 3

The request for amendment shall:

• Be in writing, except for routine administrative changes, such as change of address
• 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
• *written acknowledgement within 10 days
• *Exceptional circumstances > 30 days

Question 4

STATE the penalties for violations of the Privacy ActCriteria:

Answer 4

• Maintaining Unauthorized Records
• Wrongful Disclosure
• Wrongful Requesting or Obtaining Records
• *Three criminal penalties are authorized against individuals for violation of the Privacy Act
• *All three are misdemeanors punishable by fines up to $5,000
• *Courts may also award civil penalties

Question 5

HIPPA meaning

Answer 5

Health Insurance Portability and Accountability Act

Question 6

STATE the penalties for violations of the Health Insurance Portability and Accountability Act (HIPAA)

Answer 6

Wrongful disclosure of individually identifiable health information includes the following penalties:

• Fine of $50,000 and up to one-year imprisonment, or both
• If committed under false pretenses, a fine of not more than $100,000 and up to five years imprisonment, or both
• If the wrongful conduct involves the intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm; a fine of not more than $250,000 and up to ten years imprisonment, or both

Question 7

LIST the requirements of the Privacy Act Statement DD 2005

Answer 7

• The form provides patients the advice required by The Privacy Act of 1974
• Members during in-processing (i.e. MEPS) must read and sign this form
• If the individual declines to sign the DD 2005, an explanatory entry on an SF 600 will be made. Preprinted in part 2 of the NAVMED 6150/2_ (Military Health Treatment Record jacket)