:: About HIPAA
Notice
of Privacy Practices
Background and General Information
(taken from U.S.
Department of Health & Human Services)
The privacy provisions of the federal law, the Health Insurance
Portability
and Accountability Act of 1996 (HIPAA), apply to health information
created
or maintained by health care providers who engage in certain electronic
transactions, health plans, and health care clearinghouses. The
Department
of Health and Human Services (HHS) has issued the regulation "Standards
for Privacy of Individually Identifiable Health Information,"
applicable
to entities covered by HIPAA. The Office for Civil Rights (OCR) is the
Departmental component responsible for implementing and enforcing the
privacy
regulation. (See the Statement of Delegation of Authority to the Office
for Civil Rights, as published in the Federal Register on December 28,
2000).
For the average health care provider or health
plan, the
Privacy Rule requires activities, such as:
-
Notifying patients about their privacy rights and how their information
can be used.
-
Adopting and implementing privacy procedures for its practice,
hospital,
or plan.
-
Training employees so that they understand the privacy procedures.
-
Designating an individual to be responsible for seeing that the privacy
procedures are adopted and followed.
-
Securing patient records containing individually identifiable health
information
so that they are not readily available to those who do not need them.
Responsible health care providers and
businesses already
take many of the kinds of steps required by the Rule to protect
patients'
privacy. Covered entities of all types and sizes are required to comply
with the Privacy Rule. To ease the burden of complying with the new
requirements,
the Privacy Rule gives needed flexibility for providers and plans to
create
their own privacy procedures, tailored to fit their size and needs. The
scalability of the Rule provides a more efficient and appropriate means
of safeguarding protected health information than would any single
standard.
For example,
-
The privacy official at a small physician practice may be the office
manager,
who will have other non-privacy related duties; the privacy official at
a large health plan may be a full-time position, and may have the
regular
support and advice of a privacy staff or board.
-
The training requirement may be satisfied by a small physician
practice's
providing each new member of the workforce with a copy of its privacy
policies
and documenting that new members have reviewed the policies; whereas a
large health plan may provide training through live instruction, video
presentations, or interactive software programs.
-
The policies and procedures of small providers may be more limited
under
the Rule than those of a large hospital or health plan, based on the
volume
of health information maintained and the number of interactions with
those
within and outside of the health care system.
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