Law & Ethics Chapter 8

privacy

freedom from unauthorized intrusion

state preemption

if a state's privacy laws are stricter than HIPAA privacy standards, the state laws take precedence

protected health information

information that contains one or more patient identifiers

de-identify

to remove from health care transactions all information that identifies patients

permission

a reason under HIPAA for disclosing patient information

covered entities

health care providers and clearinghouses that transmit HIPAA transactions electronically, and must comply with HIPAA standards and rules

limited data set

protected health information from which certain patient identifiers have been removed

electronic medical record

contains all patient medical records for one practice

electronic health record

a more comprehensive record than the EMR, focusing on the total health of the patient and traveling with the patient

breach

any unauthorized acquisition, access, use, or disclosure of personal health information which compromises the security or privacy of such information

firewalls

hardware, software, or both designed to prevent unauthorized persons from accessing electronic information

encryption

the scrambling or encoding of information before sending it electronically

Health Information Technology for Economic and Clinical Health Act

a section of the American Recovery and Reinvestment Act that strengthened certain HIPAA privacy and security provisions (HITECH)

American Recovery and Reinvestment Act

a 2009 act that made substantive change to HIPAA's privacy and security regulations

Federal False Claims Act

a law that allows for individuals to bring civil actions on behalf of the U.S. Government for false claims made to the federal government, under a provision of the law called qui tam (from Latin meaning "to bring an action for the king and for oneself")

qui tam relators

individuals commonly known as whistle-blowers

Federal Anti-Kickback Law

prohibits knowingly and willfully receiving or paying anything of value to influence the referral of federal health care program business

Stark Law

prohibits physicians or their family members who own health care facilities from referring patients to those entities if the federal government, under Medicare or Medicaid, will pay for treatment

Criminal Health Care Fraud Statute

a section of the United States Code that prohibits fraud against any health care benefit program

use PHI

means that you use patients' protected health information within the facility where you work in the normal course of conducting health care business

disclose PHI

means that patients protected health information is sent outside of a health care facility for legitimate business or health care reasons