The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g. De-Identified Health Information.
Does HIPAA cover patient names?
Patient names (first and last name or last name and initial) are one of the 18 identifiers classed as protected health information (PHI) in the HIPAA Privacy Rule. HIPAA does not prohibit the electronic transmission of PHI.
How does HIPAA affect patients with mental disabilities?
HIPAA and Personal Representatives for Adults and Minors HIPAA recognizes that some patients (including those with a mental illness or substance use disorder) may be unable to make their own health care decisions, including decisions related to health information privacy.
Is a name considered protected health information?
Demographic information is also considered PHI under HIPAA Rules, as are many common identifiers such as patient names, Social Security numbers, Driver’s license numbers, insurance details, and birth dates, that when they are linked with health information become HIPAA identifiers.
What are the 3 exceptions to HIPAA?
- Unintentional Acquisition, Access, or Use.
- Inadvertent Disclosure to an Authorized Person.
- Inability to Retain PHI.
Is a patient’s name considered PHI?
Names, addresses and phone numbers are NOT considered PHI, unless that information is listed with a medical condition, health care provision, payment data or something that states that they were seen at a particular clinic.
What is not considered protected health information?
Employee and education records: Any records concerning employee or student health, such as known allergies, blood type, or disabilities, are not considered PHI. Wearable devices: Data collected by wearable devices such as heart rate monitors or smartwatches is not PHI.
What are examples of HIPAA violations?
- Employees Divulging Patient Information.
- Medical Records Falling into the Wrong Hands.
- Stolen Items.
- Lack of Proper Training.
- Texting Private Information.
- Passing Patient Information Through Skype or Zoom.
- Discussing Information Over the Phone.
- Posting on Social Media.
Which of the following is not an example of protected health information PHI )?
PHI only relates to information on patients or health plan members. It does not include information contained in educational and employment records, that includes health information maintained by a HIPAA covered entity in its capacity as an employer.
Is my mental health confidential?
Whether you are or were a voluntary or involuntary patient, your mental health records are confidential. This means all information obtained in the course of your mental health services or treatment is not to be shared by anyone, except in the situations listed below. B.
Are mental health issues confidential?
Most mental health organisations will have a confidentiality policy. You can ask the organisation to show you a copy of the policy. If they refuse you may be able to get the information under a ‘Freedom of Information’ (FOI) request. But only if they are a public body, like the NHS.
What rights do the mentally ill have?
People living with mental health conditions have the right to be free from all abuses, including the practices of seclusion and restraint. Shackling, physical restraints, chemical restraints, and seclusion are among the practices used in schools and treatment facilities and throughout the criminal justice system.
Is a name personally identifiable information?
Personally identifiable information (PII) is any data that can be used to identify someone. All information that directly or indirectly links to a person is considered PII. One’s name, email address, phone number, bank account number, and government-issued ID number are all examples of PII.
Which of the following would not be considered PHI?
Examples of health data that is not considered PHI: Number of steps in a pedometer. Number of calories burned. Blood sugar readings w/out personally identifiable user information (PII) (such as an account or user name)
What are patient identifiers under HIPAA?
Protected health information includes many common identifiers (e.g., name, address, birth date, Social Security Number) when they can be associated with the health information listed above.
Under what circumstances does HIPAA not apply?
HIPAA Exceptions Defined To public health authorities to prevent or control disease, disability or injury. To foreign government agencies upon direction of a public health authority. To individuals who may be at risk of disease. To family or others caring for an individual, including notifying the public.
Is talking about a patient a HIPAA violation?
Yes. The HIPAA Privacy Rule is not intended to prohibit providers from talking to each other and to their patients.
What information can be disclosed without specific consent of the patient?
There are a few scenarios where you can disclose PHI without patient consent: coroner’s investigations, court litigation, reporting communicable diseases to a public health department, and reporting gunshot and knife wounds.
Which of the following are examples of protected health information?
Examples of PHI Dates — Including birth, discharge, admittance, and death dates. Biometric identifiers — including finger and voice prints. Full face photographic images and any comparable images.
What is the most common HIPAA violation?
HIPAA Violation 1: A Non-Encrypted Lost or Stolen Device One of the most common HIPAA violations is that a lost or stolen device can easily result in theft or unauthorized access to PHI. Fines of up to $1.5 million – per violation category, per year that the violation has been allowed to persist.
What are the five most common violations to the HIPAA privacy Rule?
The five most common HIPAA compliance issues, as compiled by the HHS’ Office for Civil Rights: Impermissible uses and disclosures of protected health information. Lack of safeguards of protected health information. Lack of patient access to their protected health information.
Which of the following is a violation of a patient’s right to privacy?
Snooping on Healthcare Records Accessing the health records of patients for reasons other than those permitted by the Privacy Rule – treatment, payment, and healthcare operations – is a violation of patient privacy.
What could compromise a patient’s protected health information?
A HIPAA violation is the use or disclosure of Protected Health Information (PHI) in a way that compromises an individual’s right to privacy or security and poses a significant risk of financial, reputational, or other harm.
What is considered personal identifiers for PHI?
- Address (all geographic subdivisions smaller than state, including street address, city county, and zip code)
- All elements (except years) of dates related to an individual (including birthdate, admission date, discharge date, date of death, and exact age if over 89)
- Telephone numbers.
Can you be discriminated against for mental health?
When someone is treated worse because of their physical or mental health condition, this is known as ‘disability discrimination’. The Equality Act is the law that explains what a disability is, and when worse treatment counts as discrimination.