The HITECH Act is possibly best known for launching the Meaningful Use program which incentivized healthcare providers to adopt technology in order to make the provision of healthcare more efficient. Previously, when a violation of HIPAA laws was identified that could potentially expose PHI to authorized acquisition, use, or disclosure, the burden of proof to prove a data breach had occurred rested with the HHS. With the Final Omnibus Rule, the onus is on a Covered Entity to prove a data breach has not occurred.
The identifiers are:. HIPAA permits protected health information to be used for healthcare operations, treatment purposes, and in connection with payment for healthcare services. Information may be disclosed to third parties for those purposes, provided an appropriate relationship exists between the disclosing covered entity and the recipient covered entity or business associate. A covered entity can only share PHI with another covered entity if the recipient has previously or currently a treatment relationship with the patient and the PHI relates to that relationship.
In the case of a disclosure to a business associate, a business associate agreement must be obtained. In all cases, the minimum necessary standard applies.
Disclosures must be restricted to the minimum necessary information that will allow the recipient to accomplish the intended purpose of use. The HIPAA Privacy Rule establishes national standards to protect individuals' medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically. The Rule requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization.
The Rule also gives patients rights over their health information, including rights to examine and obtain a copy of their health records, and to request corrections. This document may vary slightly from the published document if minor editorial changes are made during the OFR review process. This subset is all individually identifiable health information a covered entity creates, receives, maintains, or transmits in electronic form. Covered entities should rely on professional ethics and best judgment when considering requests for these permissive uses and disclosures.
HIPAA violations may result in civil monetary or criminal penalties. Skip directly to site content Skip directly to page options Skip directly to A-Z link. Public Health Professionals Gateway. Section Navigation. Facebook Twitter LinkedIn Syndicate.
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