HIPAA And Public Health. March 2006 Delaware s Division of Public Health 1
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1 HIPAA And Public Health March 2006 Delaware s Division of Public Health 1
2 HIPAA The purpose for HIPAA (Health Insurance Portability & Accountability Act) is to protect the confidentiality, integrity, and availability of an individual s medical information. March 2006 Delaware s Division of Public Health 2
3 Hybrid Entity Public Health (PH) is considered to be a hybrid entity. PH has activities that are covered and other activities not covered by HIPAA. March 2006 Delaware s Division of Public Health 3
4 Public Health & Privacy Rule The rule recognizes the need for public health authorities and others responsible for ensuring the Public s health and safety to have access to sensitive medical information. March 2006 Delaware s Division of Public Health 4
5 Examples of Health Services Family Planning STD* TB* Child Health Dental Child Lead Poisoning Screening & Case management* (*hybrid) March 2006 Delaware s Division of Public Health 5
6 Public Health Functions Public Health surveillance Program evaluation Emergency preparedness Outbreak investigations Direct health services Public Health research March 2006 Delaware s Division of Public Health 6
7 Sharing Medical Information Reporting of disease, injury, and vital events (e.g., birth or death) Conducting Public Health surveillance, investigations and interventions such as a person who may have been exposed to a communicable disease or may be at risk for contracting or spreading a disease or condition March 2006 Delaware s Division of Public Health 7
8 Sharing Medical Information Reporting child abuse or neglect to a public health or other government authority legally authorized to receive reports A person subject to jurisdiction of the Food and Drug Administration (FDA) concerning the quality, safety, or effectiveness of an FDA-related product or activity for which that person has responsibility March 2006 Delaware s Division of Public Health 8
9 Password Use strong passwords (at least 6 characters, containing a combination of letters or numbers) Change your passwords Do not share your passwords If you MUST write down your passwords Store it in a secure location DO NOT store under your desktop or post it March 2006 Delaware s Division of Public Health 9
10 How is PHI transmitted? By sight By face-to-face interactions By fax By By phone By mail March 2006 Delaware s Division of Public Health 10
11 Minimize Visual Misuse of PHI Clean desk policy Placing medical charts with name faced inward in chart holder Turning monitors away from general public Restricting access to areas where PHI is openly displayed Shredding documents before putting in trash March 2006 Delaware s Division of Public Health 11
12 Face-to Face Use of PHI Conduct conversations in areas apart from others Speak in a low clear voice If referencing a document, don t show document to another if there is information that the other should not have Make sure no documents are left behind before ending conversation March 2006 Delaware s Division of Public Health 12
13 Faxing Sensitive Medical Information Call to let the receiver know when you are ready to send fax Verify fax number before sending Use a cover sheet Verify that the information was received Fax sensitive medical information only when absolutely necessary Document if it was unintentionally sent to the incorrect number March 2006 Delaware s Division of Public Health 13
14 Use of Verify the address before sending Confirm with the receiver that the receiver s account is password protected Set your setting to notify you when an has been received and opened March 2006 Delaware s Division of Public Health 14
15 Sharing PHI Over the Phone When caller is calling only to confirm details already known by the caller, do NOT volunteer new information Take the organization s name and main number, the caller s name and caller s extension number. Hang up. Call them back immediately if its an emergency To confirm the caller is who they say they are, check the individual s record and confirm details such as DOB, address, etc March 2006 Delaware s Division of Public Health 15
16 Use of mail Always address confidential material to named addressee Mark the package to show that it contains private information Verify the postal address to which you are sending the PHI Tape seals to the package and sign with your signature over the tape March 2006 Delaware s Division of Public Health 16
17 Appropriate Disposal of Data All sensitive medical information needs to be properly and appropriately disposed. NO PHI should be placed in the trash CD ROM disks must be rendered unreadable by shredding, breaking All paper with PHI must be properly disposed of.possibly cross-cut shredder March 2006 Delaware s Division of Public Health 17
18 Physical Safeguards Use appropriate facilities & security Workstations Use & Security policies Fax machines, copies and printers are physically secured Servers and mainframes must be protected and access controlled March 2006 Delaware s Division of Public Health 18
19 Something to Keep in Mind PHI should be seen by only those who are authorized to see it. March 2006 Delaware s Division of Public Health 19
20 Something to Keep in Mind PHI should be heard by only those who are authorized to hear it. PHI should be transmitted or shared with only those who are authorized to receive it. March 2006 Delaware s Division of Public Health 20
21 Enforcements for Privacy and Security Enforced by different agencies Office of Civil Rights (OCR) enforces privacy with civil penalties Department of Justice (DOJ) enforces privacy with criminal penalties Center for Medicare/Medicaid (CMS) enforces security March 2006 Delaware s Division of Public Health 21
22 What Are the Penalties? HIPAA calls for severe civil and criminal penalties for noncompliance, including: Fines up to $25K for multiple violations of the same standard in a calendar year Fines up to $250K and/or imprisonment up to 10 years for knowing misuse of sensitive health information March 2006 Delaware s Division of Public Health 22
23 Summary ALL sensitive medical information needs to be treated as confidential Comply with DHSS and DPH policies and procedures Information should only be accessed and shared by authorized staff Protect all information and report any misuse of protected health information March 2006 Delaware s Division of Public Health 23
24 Resources HIPAA Coordinator h/hipaa.html s/guidanceallsections.pdf March 2006 Delaware s Division of Public Health 24
25 Questions? Contact: HIPAA Coordinator Division of Public Health Jesse Cooper Building Support Services (302) March 2006 Delaware s Division of Public Health 25
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