Entities Covered by the HIPAA Privacy Rule



Similar documents
BUSINESS ASSOCIATES [45 CFR (e), (e), (d) and (e)]

Executive Memorandum No. 27

BUSINESS ASSOCIATES [45 CFR (e), (e), (d) and (e)]

HIPAA Enforcement Training for State Attorneys General

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) TERMS AND CONDITIONS FOR BUSINESS ASSOCIATES

INTRODUCTION. The HIPAA Privacy Rule and Electronic Health Information Exchange in a Networked Environment

HIPAA Compliance for Employers. What is HIPAA? Common HIPAA Misperception. The Penalties. Chapter I HIPAA Overview. The Privacy Regulations Why?

Hybrid Entities Health Insurance Portability and Accountability Act of 1996 (HIPAA)

HIPAA Compliance for Payor Organizations

HIPAA Privacy Summary for Fully-insured Employer Groups

RONALD V. MCGUCKIN AND ASSOCIATES Post Office Box 2126 Bristol, Pennsylvania (215) (215) (Fax) childproviderlaw.

An Employer s Introduction to HIPAA Prepared by Ballard, Rosenberg Golper & Savitt, LLP

HIPAA Compliance Review

HIPAA. HIPAA and Group Health Plans

HIPAA Privacy Rule Primer for the College or University Administrator

HIPAA - - Basic Concepts and Implementation Roadmap

Covered Entity Charts

It s a New Regulatory Landscape: Do You Know Where Your Business Associates are and What They are Doing?

HIPAA PRIVACY AND EDI RULES

Alert. Client PROSKAUER ROSE LLP. HIPAA Compliance Update: Employers, As Group Health Plan Sponsors, Will Be Affected By HIPAA Privacy Requirements

HIPAA. Privacy and Security Frequently Asked Questions for Employers. Gallagher Benefit Services, Inc.

Plan Sponsor Guide HIPAA Privacy Rule

HIPAA PRIVACY AND SECURITY STANDARDS CITY COMPLIANCE

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

State of Nevada Public Employees Benefits Program. Master Plan Document for the HIPAA Privacy and Security Requirements for PEBP Health Benefits

January Employers must be prepared for their obligations under the HIPAA Privacy Rules

University of California Policy

SARASOTA COUNTY GOVERNMENT EMPLOYEE MEDICAL BENEFIT PLAN HIPAA PRIVACY POLICY

HIPAA Compliance and PrintFleet Software Applications

The HIPAA Privacy Rule: Overview and Impact

NOTICE OF HIPAA PRIVACY AND SECURITY PRACTICES

Welcome. This presentation focuses on Business Associates under the Omnibus Rule of 2013.

BREVIUM HIPAA BUSINESS ASSOCIATE TERMS AND CONDITIONS

One Hundred Seventh Congress of the United States of America

Implementing an HMIS within HIPAA

BUSINESS ASSOCIATES: THE NEXT GENERATION OF HIPAA CONTRACTING ISSUES

HIPAA Privacy. Business Associates 101

SUMMARY OF THE HIPAA PRIVACY RULE

Business Associate Agreements and Similar Arrangements

HIPAA Privacy Summary for Self-insured Employer Groups

HIPAA Considerations for Small Non-Profits. Jill M. Girardeau July 20, 2011

Protected Health Information

HIPAA Frequently Asked Questions Free & Charitable Clinic HIPAA Toolbox May 2014

Business Associate Agreement

Business Associates and Breach Reporting Under HITECH and the Omnibus Final HIPAA Rule

HIPAA. Health Insurance Portability & Accountability Act Administrative Simplification FIVE THINGS YOU SHOULD KNOW ABOUT PAYMENTS AND HIPAA

Business Associate Agreement

BUSINESS ASSOCIATE AGREEMENT HIPAA Protected Health Information

HIPAA RISKS & STRATEGIES. Health Insurance Portability and Accountability Act of 1996

HIPAA Agreements Overview, Guidelines, Samples

UNH Policy on Compliance with the Health Insurance Portability and Accountability Act (HIPAA)

The privacy rules under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) have been

The HIPAA Security Rule Primer A Guide For Mental Health Practitioners

General HIPAA Implementation FAQ

HIPAA Compliance Calendar

Health Insurance Portability and Accountability Act HIPAA. Glossary of Common Terms

Personal Information - Protecting And Balancing It At Hulse QM

HIPAA Compliance. Saeed Rajput

Am I a Business Associate? Do I want to be a Business Associate? What are my obligations?

Neither You Nor Your Business Associates Can Afford to be Lax About Complying with HIPAA Requirements

CROSS, GUNTER, WITHERSPOON & GALCHUS, P.C. ATTORNEYS AT LAW LITTLE ROCK/FORT SMITH/FAYETTEVILLE

HIPAA POLICIES & PROCEDURES AND ADMINISTRATIVE FORMS TABLE OF CONTENTS

Implications of HIPAA Requirements on Healthcare Payment Processing

HIPAA Security Rule Compliance

American Bar Association. Technical Session Between the Department of Health and Human Services and the Joint Committee on Employee Benefits

HIPAA-P01 Uses and Disclosures of Protected Health Information Policy

HIPAA PRIVACY AND SECURITY AWARENESS

Business Associate Agreement (BAA) Guidance

The Basics of HIPAA Privacy and Security and HITECH

SAMPLE BUSINESS ASSOCIATE AGREEMENT

HIPAA: Coverage and Implementation Issues (Focus on EDI and Privacy)

HIPAA Business Associate Contract. Definitions

HIPAA: AN OVERVIEW September 2013

ELECTRONIC HEALTH RECORDS

APPENDIX 1: Frequently Asked Questions

Schindler Elevator Corporation

How To Get A Health Care License

The HIPAA Security Rule Primer Compliance Date: April 20, 2005

Why Lawyers? Why Now?

Graphic Communications National Health and Welfare Fund. Notice of Privacy Practices

Joe Dylewski President, ATMP Solutions

Health Care Information Privacy The HIPAA Regulations What Has Changed and What You Need to Know

BUSINESS ASSOCIATE AGREEMENT

HIPAA Security. 5 Security Standards: Organizational, Policies. Security Topics. and Procedures and Documentation Requirements

U.S. Department of Health and Human Services. U.S. Department of Education

HIPAA Overview. Darren Skyles, Partner McGinnis Lochridge. Darren S. Skyles

CMA BUSINESS ASSOCIATE AGREEMENT WITH CMA MEMBERS

HIPAA NOTICE OF PRIVACY PRACTICES

SCHOOL DISTRICT OF BLACK RIVER FALLS HIPAA PRIVACY AND SECURITY POLICY

Name of Other Party: Address of Other Party: Effective Date: Reference Number as applicable:

The Health and Benefit Trust Fund of the International Union of Operating Engineers Local Union No A-94B, AFL-CIO. Notice of Privacy Practices

Sample Business Associate Agreement Provisions

Legislative & Regulatory Information

BUSINESS ASSOCIATE AGREEMENT

DOL Says Plans Permitted to Prohibit Loans to Executive Officers and Directors

BUSINESS ASSOCIATE AGREEMENT. Recitals

BUSINESS ASSOCIATES AND BUSINESS ASSOCIATE AGREEMENTS

HIPAA Privacy For our Group Customers and Business Partners

THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) EMPLOYEE TRAINING MANUAL

BUSINESS ASSOCIATE AGREEMENT HIPAA Omnibus Rule (Final Rule)

Transcription:

Entities Covered by the HIPAA Privacy Rule

Who Is A Covered Entity? HIPAA standards apply only to: Health care providers who transmit any health information electronically in connection with certain transactions Health plans Health care clearinghouses 45 CFR 160.102, 164.500 HHS/OCR 2003 2

What is a Health Care Provider? A health care provider is Any person or organization who furnishes, bills, or is paid for health care in the normal course of business 45 CFR 160.103 HHS/OCR 2003 3

Are All Health Care Providers Covered? Health care providers are covered only if they transmit health information electronically in connection with a transaction covered by the HIPAA Transaction Rule * Directly or through a business associate 45 CFR 160.102 HHS/OCR 2003 4

HIPAA Transactions Rule Standards 1. Health care claims or equivalent encounter information 2. Health care payment and remittance advice 3. Coordination of benefits 4. Health care claim status 5. Enrollment or disenrollment in a health plan 6. Eligibility for a health plan 7. Health plan premium payments 8. Referral certification and authorization 45 CFR 162.1101 162.1802 HHS/OCR 2003 5

What Is A Health Plan? Any individual or group plan (or combination) that provides, or pays for the cost, of medical care. Examples include: Health insurance issuers HMOs Group Health Plans Medicare, Parts A and B Medicare + Choice Medicaid 45 CFR 160.103 HHS/OCR 2003 6

What Health Plans Are Covered? All health plans are covered Entities that are not considered health plans include: Employer plans with fewer than 50 participants and which are selfadministered Excepted Benefit Plans Certain government funded programs 45 CFR 160.103 HHS/OCR 2003 7

Group Health Plans as Covered Entities Under ERISA, a group health plan is a separate legal entity from the employer/plan sponsor The Privacy Rule does not cover employers or plan sponsors 45 CFR 164.500 HHS/OCR 2003 8

What Is A Health Care Clearinghouse? How does Rule Apply? Translates data content or format for another entity from non-standard to standard or vice versa Limitation on Applicability of Privacy Rule 45 CFR 160.103, 164.500(b) HHS/OCR 2003 9

Business Associates

Who Is A Business Associate? A person who performs a function or activity on behalf of, or provides services to, a Covered Entity that involves Individually Identifiable Health Information Is not a workforce member Covered Entity can be a Business Associate 45 CFR 160.103 HHS/OCR 2003 11

Examples Outside BA Definition Two Covered Entities each performing functions on its own behalf Provider gives PHI to payer for payment Hospital and physician treating patients at hospital Persons or organizations where access to protected health information is not necessary to do their job Janitors, electricians, copy machine repair persons 45 CFR 160.103 HHS/OCR 2003 12

Requirements on Covered Entity Obtain satisfactory assurance that Business Associate will appropriately safeguard Protected Health Information Written contract or other written arrangement or agreement No monitoring Cure or terminate contract if known violation 45 CFR 164.502(e), 164.504(e) HHS/OCR 2003 13

Contracts Must Include: Permitted uses and disclosures Requirement to use appropriate safeguards Requirement to report of nonpermitted uses and disclosures to Covered Entity Requirement to extend same terms to subcontractors/agents 45 CFR 164.504(e) HHS/OCR 2003 14

Business Associate Exceptions Disclosures to a provider for treatment to an individual Disclosures by a group health plan to plan sponsor if for plan administration Uses or disclosures by a government health plan (e.g., Medicare) to another agency (e.g., SSA) for eligibility or enrollment determinations if authorized by law 45 CFR 164.502(e) HHS/OCR 2003 15

Transition Provisions For a written contract existing as of 10/15/02 and not renewed or modified by 4/14/03: Covered Entities are allowed until 4/14/04 to have contract comply with Privacy Rule requirements 45 CFR 164.532(d) HHS/OCR 2003 16

Group Health Plan Disclosures to Plan Sponsors

Types of Disclosures to Plan Sponsors Summary health information; Enrollment and disenrollment information Amend plan documents With individual authorization 45 CFR 164.504 (f), (a), 164.508 HHS/OCR 2003 18

Summary Health Information, Enrollment & Disenrollment May disclose summary health information for: Obtaining premium bids from health plans Modifying, amending or terminating health plans Enrollment or disenrollment in a health plan 45 CFR 164.504(f) HHS/OCR 2003 19

Adequate Assurances from Plan Sponsor Group health plan may disclose PHI to plan sponsor for plan administrative functions if: plan documents are amended to provide permitted and required uses/disclosures by plan sponsor Certification by plan sponsor Adequate separation ( erect firewalls ) 45 CFR 164.504(f) HHS/OCR 2003 20

ORGANIZATIONAL ISSUES Hybrid Entities Affiliated Covered Entities Organized Health Care Arrangements

Choosing Hybrid Entity Status Covered Entity that does both covered and non-covered functions Option to restrict the application of the Privacy Rule to certain parts of its organization By designating health care components (HCC) This designation will make the Covered Entity a Hybrid Entity under the Rule 45 CFR 164.103, 105 HHS/OCR 2003 22

Effects of Hybrid Status Covered Entity retains administrative and legal responsibilities Must ensure that The Health Care Component complies with Privacy Rule ( erect firewalls ) Workforce members who perform tasks for both the HCC and non-hcc do not inappropriately use or disclose PHI Has legal responsibility for complying with Privacy Rule 45 CFR 164.105(a) HHS/OCR 2003 23

Affiliated Covered Entity Legally separate Covered Entities Under common ownership or control Option to be treated as a single legal entity By choosing to designate This designation will make the Covered Entity an Affiliated Covered Entity under the Rule 45 CFR 164.103, 164.105(b) HHS/OCR 2003 24

Effects of Affiliated Covered Entity Status May be able to share information in a way that would otherwise be impermissible (sharing becomes a use not a disclosure ). May minimize administrative burdens BUT, each is separately subject to liability for enforcement actions, and could be cumbersome to devise and comply with uniform set of policies, and/or one notice 45 CFR 164.105(b) HHS/OCR 2003 25

Organized Health Care Arrangement (OHCA) Several defined arrangements are OHCAs: Clinically integrated care settings (e.g., hospital and doctors on medical staff) Covered entities that hold themselves out to the public as participating in joint arrangements and engage in certain joint activities (e.g., IPA) Certain group health plan arrangements 45 CFR 160.103 HHS/OCR 2003 26

OHCA: Application of the Rule OHCA or its members can choose whether or not: To contract as one entity with a business associate To disclose PHI to another covered entity that participates in the OHCA for joint health care activities of the OHCA To have joint notices only need be provided once BUT, each is separately subject to liability for enforcement actions 45 CFR 160.103, 164.520(d) HHS/OCR 2003 27

Summary Rule applies to: Providers that conduct certain transactions electronically Health plans Clearinghouses 45 CFR 160.102, 164.500 HHS/OCR 2003 28