Strategic HIPPA Implementation Plan: An Introduction to HIPPA

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Transcript Strategic HIPPA Implementation Plan: An Introduction to HIPPA

An Introduction to HIPAA

Kathy A. Bizarro Executive Vice President New Hampshire Hospital Association

An Introduction to HIPAA

What is NHVSHIP?

NHVSHIP is a volunteer organization of hospitals, physicians, other health care providers, health plans, state health departments, and vendors. Members are working together to improve the understanding of and compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Membership is open to any organization that expresses a desire to work in a collaborative, non commercial environment.

(Check us out on the web: www.nhvship.org

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An Introduction to HIPAA

HIPAA Introduction What is HIPAA?

HIPAA

= The Health Insurance Portability and Accountability Act … A Federal Law Created in 1996

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= Health Insurance Portability and Accountability Act

It is considered the MOST significant healthcare legislation since Medicare in 1965!!!

HIPAA OVERVIEW Health Insurance Portability and Accountability Act (HIPAA)

Administrative Simplification

[Accountability] Transactions, Code Sets, & Identifiers

Compliance Date: 10/16/2002 Or 10/16/03

Privacy

Compliance Date: 4/14/2003

Security

Compliance Date: 2005 Insurance Reform

[ Portability]

An Introduction to HIPAA

HIPAA Introduction

Who’s Affected?

Providers

HIPAA

Clearinghouses Hospitals Health Plans Billing Agencies Pharmacies Laboratories Etc...

Indirect Applicability: All organizations that exchange data with those directly covered under the HIPAA through Chain of Trust Agreements and/or contracts

An Introduction to HIPAA

Pre-HIPAA FACTS

 No standards existed to guide organizations in how to store, process, communicate, or secure data  Management and clinical information software differed from organization to organization, even if it was purchased from the same vendor  Lack of standard data format proven to be a barrier, too costly and complex for most organization to overcome  Over 450 different electronic claim formats exist  Lack of transaction uniformity among existing standards makes it difficult for communication to occur

An Introduction to HIPAA

WHAT IF WE DO NOT COMPLY?

Non-Compliance

 $100 for each violation  Maximum of $25,000 per year per specific provision

Unauthorized Disclosure or Misuse of Patient Information

 Penalties up to $250,000  Prison time up to 10 years

An Introduction to HIPAA Transactions, Code Sets, Identifiers

TRANSACTION = The exchange of information between two parties to carry out financial or administrative activities related to health care

CODE SET = Any set of codes used to encode data elements, such as table of terms, medical concepts, medical diagnostic or procedure codes. A code set includes the codes and descriptor of the codes

IDENTIFIER = Standard, unique health identifiers (numbers/digits/alphanumeric) for each health care provider, employer, health plan, and individual (patient)

An Introduction to HIPAA

PRIVACY vs. SECURITY

What’s the Difference?:

PRIVACY

Refers to

WHAT

is protected — Health information about an individual and the determination of WHO is permitted to use, disclose, or access the information 

SECURITY

Refers to

HOW

private information is safeguarded —Insuring privacy by controlling access to information and protecting it from inappropriate disclosure and accidental or intentional destruction or loss.

An Introduction to HIPAA

PRIVACY

OVERVIEW:

 Due to the constraints imposed by scope of HIPAA, privacy regulation is applicable only to: 

“Covered” Entities

electronic health information, Health Plans, and Clearinghouses — Healthcare Providers that transmit 

“Protected” Health Information (PHI)

— Transmitted or maintained in any form or medium (includes paper and oral)

PRIVACY COMPLIANCE DATE = April 14, 2003

An Introduction to HIPAA

HIPAA Privacy Definitions… just a few…  “Protected Health Information”  “Authorization”  “Treatment, Payment, Healthcare Operations”  “Patient Notice”  “Uses & Disclosures”  “Minimum Necessary”  “Business Associate Agreements”

An Introduction to HIPAA

Protected Health Information

 Individual (Patient) identifiable health information relating to the past, present or future health conditions of the individual.

 This covers all information, whether maintained electronically, in paper form or communicated orally.

 PHI cannot be released unless authorized by the patient or for treatment, payment, or healthcare operations.

An Introduction to HIPAA

Authorization

 A covered entity may not use or disclose protected health information without a valid written authorization from the individual.

 An authorization must be specific and cannot be combined with other documents.

An Introduction to HIPAA

Treatment, Payment & Operations  Treatment - the provision, coordination or management of health care and related services by one or more health care providers, including consultation or referral  Payment - collection of premiums, reimbursement, coverage determinations, risk adjusting, billing, claims management, medical necessity determinations, utilization review, and pre-authorization of services  Health Care Operations - specified activities by or for a health plan or health care provider that are related to its “covered functions,” including quality assessment and improvement; peer review, training and credentialing of providers; business planning; and business management.

An Introduction to HIPAA

Patient Notice

 Description of uses and disclosures of protected health information made by the covered entity.

 Every patient will receive a copy of the Patient Notice and will be asked to sign an “Acknowledgement”.

An Introduction to HIPAA

Uses & Disclosures

 Use – Employment, application, utilization, examination or analysis of information

within

a covered entity that holds the information.

 Disclosure – Release, transfer, provision of access to, or divulging in any other manner of information

outside

the covered entity holding the information.

An Introduction to HIPAA

Minimum Necessary

A covered entity must make reasonable efforts to limit uses, disclosures, and requests for protected health information to the minimum necessary to accomplish the intended purpose (except uses and disclosures for treatment purposes).

For internal uses of protected health information, workforce members must be classified on a “need-to-know” basis with appropriate controls over access to PHI for each class.

For routine and recurring disclosures, standard protocols may be used to determine the minimum necessary amount of PHI required.

For non-routine disclosures, a covered entity must develop and apply criteria for determining the minimum necessary amount required.

An Introduction to HIPAA

SECURITY

OVERVIEW: Purpose: To protect both the system and the information it contains from unauthorized access & misuse Encompasses: All safeguards in a covered entities structure including:

Information systems (hardware/software)

Personnel policies

Information practice policies

Disaster Preparedness SECURITY

FINAL RULE JUST PUBLISHED In effect April 2005

An Introduction to HIPAA

SECURITY

Administrative Procedures: Physical Safeguards: Technical Security Services Technical Security Mechanisms To ensure security plans, policies, procedures, training, and contractual agreements exist To provide assigned security responsibility and controls over all media and devices To provide specific authentication, authorization, access, & audit controls to prevent improper access to electronically stored information To establish communications/network controls to avoid the risk of interception and/or alteration during electronic transmission of information

An Introduction to HIPAA FINAL NOTE on PRIVACY & SECURITY The privacy and security rules are flexible and scalable to account for the nature of each organization’s culture, size, and resources.

Each organization will determine its own privacy policies and security practices within the context of the HIPAA requirements and its own capabilities and needs.

An Introduction to HIPAA

DISCLAIMER

This (article) is Copyright© 2001 by NHVSHIP. It may be freely redistributed in its entirety provided that this copyright notice is not removed. It may not be sold for profit or used in commercial documents without the written permission of the copyright holder. This article is provided “as is” without and express or implied warranty. While all information in this Article is believed to be correct at the time of writing, this article is for educational purposes only and does not purport to provide legal advice. If you require legal advice, you should consult with an attorney.

An Introduction to HIPAA

THANK YOU