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A General Introduction to HIPAA and the Privacy Regulations for UM

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A GENERAL
INTRODUCTION TO
HIPAA
AND THE
PRIVACY
REGULATIONS
FOR UMB PERSONNEL
03/20/03
1
HIPAA PRIVACY - Overview
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This presentation provides a brief summary
about new federal rules governing the privacy
of health information
It defines basic terms and lists basic
principles that all UMB Personnel must follow
2
Objectives
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You will learn:
пЃ® What HIPAA is
пЃ® The basics of the Privacy rule
пЃ® How HIPAA Privacy affects each of us
пЃ® The consequences of non-compliance with
HIPAA Privacy rules
пЃ® Where to go with questions
3
WHAT IS HIPAA?
Health Insurance Portability & Accountability Act
of 1996

HIPAA is a Federal law

HIPAA establishes uniform rules for
protecting Health Information and privacy

Maryland law that is stricter than HIPAA and
is more protective of health information
privacy than HIPAA still applies
4
Basics of the HIPAA Privacy Rule
• UMB personnel cannot see or use Protected
Health Information unless it is required for the
job.
• UMB personnel can only see or use the
minimum amount of Protected Health
Information that is necessary for a task
• UMB personnel who see or use Protected
Health Information in violation of HIPAA have
violated federal law. Penalties include fines,
jail, and UMB disciplinary action which may
include termination or expulsion
5
HIPAA Penalties
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$100 fine per day for each standard violation. (Up to
$25,000 per person, per year, per standard.)
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$50,000 fine + up to one year in prison for improperly
obtaining or disclosing health information.
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$100,000 fine + up to five years in prison for obtaining
or disclosing health information under false pretenses.
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$250,000 fine + up to ten years in prison for obtaining
health information with the intent to sell, transfer or use
for commercial advantage, personal gain or harm.
Penalties under University policy, which can include
termination or expulsion.
6
Who Must Comply with the Privacy Rules?
All UMB personnel including faculty, staff, students,
residents, fellows, and volunteers who see or use
Protected Health Information, including
information from:
 University of Maryland School of Medicine
 University of Maryland Dental School
 University of Maryland Medical Center
 University Physicians, Inc.
 Affiliated University of Maryland faculty practice
associations
7
What is “Protected Health Information”?
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Comes from a health care provider or a
health plan
Identifies an individual or
Could be used to identify an individual
Describes the health care, condition, or
payments of an individual
or describes the demographics of an
individual
8
Examples of Demographics
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Name
Zip code
Address
Name of employer
Birth date
Telephone number
Fax number
E-mail address
Social security number
Medical record number
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Health plan beneficiary
number
Account number
Driver’s license number
Vehicle serial number
URL
IP address
Biometric identifiers
Full-face photo
Any other unique
identifying characteristic
9
“Protected Health Information” Describes
Health Condition

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Information from a health care provider or
health plan
about an Individual’s Physical or Mental
condition, including:
 Past history of a condition
 Present condition
 Plans or predictions about the future of a
condition
10
“Protected Health Information”
Describes Health Care

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Information from a health care provider or
health plan
about an Individual’s Health Care, including:
 Who provided care
 What type of care was given
 Where care was given
 When care was given
 Why care was given
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“Protected Health Information” Describes
Health Care Payments
 Information from a health care provider or
health plan
 about an Individual’s Health Care Payments,
including:
 Who was paid
 What services were covered by the payment
 Where payment was made
 When payment was made
 How payment was made
12
“Protected Health Information” must
be secured in all forms

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Written information (reports, charts, x-rays,
letters, messages, etc.)
Oral communication (phone calls, meetings,
informal conversations, etc.)
E-mail, computerized and electronic
information (computer records, faxes,
voicemail, PDA entries, etc.)
13
When Can UMB Personnel Use
Protected Health Information?
 When authorized by the School of Medicine, the
Dental School, University Physicians, Inc., the
Affiliated University professional associations,
or the University of Maryland Medical Center, or
 When the individual has signed a valid
authorization form, or
 As specifically permitted or required by law.
 In all cases, use reasonable security measures
to safeguard Protected Health Information
14
Reasonable Security Measures for
Protected Health Information
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Use and do not share computer passwords
Lock doors, lock file cabinets, and limit access to
workspace where health information is used or
stored
Limit access to printers and faxes where health
information is printed
Limit access to health information to only those
who need it for a specific task
Redact or use de-identified health information
whenever possible
Shred or otherwise properly dispose of health
information trash
Use and keep only the minimum health
information necessary for a specific task
Follow privacy policies and procedures
15
Privacy - In Summary
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Keep Protected Health Information private and
secure at all times
Make sure only UMB Personnel who need to use
Protected Health Information see it or use it
Use only the minimum amount of Protected Health
Information necessary to accomplish the task
Read and understand UMB Privacy policies and
procedures
Know your Privacy Official
Consult your Privacy Official with any questions you
have about privacy or Protected Health Information
16
Test Your Understanding of the
Privacy Rules (1 of 4)
True or False:
HIPAA has replaced all Maryland State
laws about privacy of health
information.
17
Test Your Understanding of the
Privacy Rules (1 of 4)
Answer: False
Follow Maryland State law in cases where
Maryland law is stricter and more
protective of privacy than HIPAA.
18
Test Your Understanding of the
Privacy Rules (2 of 4)
When are UMB personnel authorized to
use Protected Health Information?
A. Any time is it provided directly by
someone who is a UMB employee
B. When it is stored in the files of a
person’s school or department
C. Only when it is required for a specific
job.
19
Test Your Understanding of the
Privacy Rules (2 of 4)
Answer: C – UMB personnel may only
see or use Protected Health
Information when it is required for a
specific job.
20
Test Your Understanding of the
Privacy Rules (3 of 4)
Violation of HIPAA privacy rules can
result in the following penalty
A. A fine
B. A jail sentence
C. UMB discipline, including
termination or expulsion
D. All of the above
21
Test Your Understanding of the
Privacy Rules (3 of 4)
Answer: D – All of the above.
Violation of HIPAA privacy rules
can result in a fine, a jail
sentence, and UMB discipline,
including termination or
expulsion.
22
Test Your Understanding of the
Privacy Rules (4 of 4)
“Protected Health Information” comes
from a health care provider or a health
plan and includes:
Information about an individual’s
condition
B. Information about an individual’s
payment for health care
C. An individual’s demographic
information
D. All of the above
A.
23
Test Your Understanding of the
Privacy Rules (4 of 4)
Answer: D – All of the above. “Protected Health
Information” comes from a health care
provider or a health plan and includes all of
the items listed, including:
•
Information about an individual’s condition
•
Information about an individual’s payment for
health care
•
An individual’s demographic information
24
Privacy Rules -Next Steps
Some UMB personnel will receive additional
training about privacy that is designed to address
a specific job or activity.
Questions can be addressed to the Privacy Official
in your school or administrative division or to the
UMB Privacy Official:
Dr. Peter Murray
pmurray@umaryland.edu
25
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