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HIPAA's privacy rule: what is it, and how does it affect you?

This article discusses the implications for stakeholders of the privacy rule under the Health Insurance Portability and Accountability Act of 1996, on which the U.S. Department of Health and Human Services first released guidance on July 6, 2001. Although guidance will continue to evolve, the authors urge organizations to initiate the implementation of policies to ensure compliance by the actual effective date of 2003. (Small health plans have until 2004 to comply.)

Confidentiality↗

Curing privacy problems: HIPAA/Healthcare.

A New Jersey-based health system began its HIPAA compliance project in late 1999, several years away from the deadline. The article discusses what the organization has done and is doing, including launching an education initiative, assessing existing privacy and security policies, upgrading complete security services, and designing a HIPAA project management tool.

Access to Information↗

Protecting patient privacy in clinical data mining.

This paper investigates whether HIPAA de-identification requirements--as well as proposed AAMC de-identification standards--were met in a large clinical data mining study (1997-2001) conducted at Duke University prior to the publication of the final rule. While HIPAA has improved de-identification standards, the study also shows that privacy issues may persist even in de-identified large clinical databases.

Biomedical Research↗

DHHS wisely proposed to remove the "consent" requirement from the HIPAA privacy standards. Department of Health and Human Services.

The author contends that requiring advance written consent to use and disclose health information interferes with patient care, is unnecessary in view of other rigorous privacy protections, and imposes an unwarranted burden on healthcare providers. Consequently, the author commends DHHS for taking the "practical and apolitical step" of removing this requirement.

Access to Information↗

The technology-privacy conundrum. HIPAA perspectives for telehome care providers.

The implementation of Health Insurance Portability and Accountability Act privacy and security provisions does not need to be a cause for panic among health care organizations. A common sense approach that stresses documentation of policies and procedures for communication using technology, such as in the case of providing telehome care, takes agencies a long way towards HIPAA compliance.

Confidentiality↗

5 ways to comply with HIPAA oral privacy regs.

ED managers should use cost-effective and simple strategies to comply with Health Insurance Portability and Accountability Act requirements for oral privacy. Consider using cubicles or screens to block sound, and perform triage in a room next to the waiting area. Limit the number of visitors per patient, and require badges. Install white noise machines, sound-absorbent curtains, and ceiling tiles with a higher noise-reduction rating.

Confidentiality↗

[The personal data act, clinical trials and data privacy. Rules for treatment of personal data in clinical trials and scientific research projects].

The Danish Act on Processing of Personal Data applies to all processing of data for the purpose of carrying out medical trials and other scientific or statistical studies. Prior to the commencement of the processing of data, a private controller, i.e. a pharmaceutical company, shall notify the Danish Data Protection Agency and obtain the authorisation of the Agency. The article presents the various conditions laid down by the Agency for the carrying out of the processing operations. Furthermore, special attention is drawn to the data subject's various rights. In order to ensure the privacy of the data subject and to protect data against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure, the controller shall implement certain technical and organisational security measures laid down by the Agency. When a controller leaves the processing of data to a processor, the processor is obliged to ensure compliance with the given measures. The Data Protection Agency supervises that the processing is carried out in compliance with the provisions of the Act and the conditions laid down by the Agency.

Clinical Trials as Topic↗

Exploring security and privacy issues in hospital information system: an Information Boundary Theory perspective.

A small community hospital (67 beds) in Central New York was undergoing a major technological change within the organization, as they move from the use of several legacy information systems to a hospital-wide information system. The focus of the present research is to explore the privacy and security information issues using a framework called Information Boundary Theory [Stanton, 2002]. IBT explains the motivational factors that lead to the revelation or disclosing of information.

Computer Security↗

Computerized patient information under the Privacy Act: a regulatory effectiveness analysis.

Regulatory Effectiveness Analysis is a new technique for measuring compliance with a technological regulatory system. By examining the public policies, legal structures and technical tools involved in the regulatory system, it is possible to discover discontinuities which may result in non compliance with the regulatory system. This technique can be used to analyze the Veterans Health Administration's (VHA) actions under the Privacy Act.

Civil Rights↗

The HIPAA privacy rule and HR/benefits outsourcing: does the business associate label belong on your recordkeeper?

Employers that sponsor group health plans and serve as the plan administrator of those plans are required by the HIPAA Privacy Rule to execute business associate contracts with vendors that provide services on behalf of the plans. The business associate contracts must contain many specific provisions regarding the protection, use and disclosure of health information. This article looks at the implications of imposing business associate contract obligations on an integrated HR and benefits-outsourcing recordkeeper and cautions employers against an overly broad application of the requirements.

Confidentiality↗

Security and privacy of EHR systems--ethical, social and legal requirements.

This paper addresses social, ethical and legal concerns about security and privacy that arise in the development of international interoperable health information systems. The paper deals with these concerns under four rubrics: the ethical status of electronic health records, the social and legal embedding of interoperable health information systems, the overall information-requirements healthcare as such, and the role of health information professionals as facilitators. It argues that the concerns that arise can be met if the development of interoperability protocols is guided by the seven basic principles of information ethics that have been enunciated in the IMIA Code of Ethics for Health Information Professionals and that are central to the ethical treatment of electronic health records.

Computer Security↗

Privacy: after the compliance date.

This article reviews successful strategies in preparing for HIPAA Privacy compliance. There are ongoing challenges organizations will face after the compliance date, such as managing research issues, identifying all business associates and managing the accounting of disclosures process. Finally, health information professionals must play an active role in ensuring that patient information is protected, while providing appropriate access as new uses for information are developed.

Access to Information↗

HIPAA Privacy Rules: protecting patient information requested through discovery, subpoenas and court orders.

Health plans routinely receive requests for patient health care information in lawsuits and administrative proceedings, whether through court order, subpoena, discovery requests or otherwise. The HIPAA Privacy Rules describe what protections a health plan must obtain before disclosing patient health information without prior authorization. This article focuses on the regulatory framework governing health plans, a review of recent case law applying these HIPAA regulations and a practical guide for how a health plan may proceed upon receiving requests for disclosure.

Confidentiality↗

Application of the HIPAA privacy rule to employer benefit plans and a compliance theory of statutory interpretation.

The application of the federal privacy regulations promulgated pursuantto the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to employer benefit plans is arguably the most conceptually difficult area of a complex law. A purely textual reading of the Rule, when applied to employer plans, results in varying interpretations on some significant issues and puzzling results on others. This Article offers a practical approach for interpreting the rule when clear-cut answers are not provided by the text and DHHS guidance is nonexistent or unclear. In addition, this approach can be applied to the interpretation of other statutes and regulations.

Confidentiality↗

Countdown to compliance: privacy.

How far along the road to compliance with the HIPAA privacy regulation is your organization? This article tells you the steps you should be taking to get in compliance by the April 2003 deadline.

Confidentiality↗

Sharing patient data: competing demands of privacy, trust and research in primary care.

BACKGROUND: Patient privacy may conflict with the advancement of knowledge through data sharing. The data contained in primary care records are uniquely comprehensive. AIM: To explore the knowledge and attitudes of patients and members of the primary healthcare team regarding the sharing of data held in primary care records, with particular reference to data sharing for research and the impact that this may have on trust between patients and health professionals. DESIGN OF STUDY: Qualitative study using quota sampled, semi-structured interviews. SETTING: Five general practices in Leicestershire, UK. METHOD: Grounded theory and framework methodology were used. Interviews were transcribed and analysed thematically. RESULTS: Twenty patients and 15 healthcare professionals and managers were interviewed. Patients had limited knowledge of the type of information held in their general practice records and the ways in which these data are shared, but appeared ready to form preliminary views on issues such as data sharing for audit and disease registration. In this climate of limited awareness, there was no suggestion that concern about data sharing for research adversely affects patient trust or leads patients to withhold relevant information from health professionals in primary care. Interviews carried out with staff suggested a lack of clear practice policies regarding data sharing. CONCLUSIONS: General practices may need to develop policies on data sharing, bring these to the attention of their patient population and improve patient awareness about the nature of the data contained in their records. Researchers should ensure that patients are adequately informed about the nature of data contained in patient records when seeking consent for data extraction.

Confidentiality↗

High standards. A decade after the law went into effect, there is still debate about the pros and cons of the HIPAA privacy and electronic transaction regulations.

When congress passed the Health Insurance Portability and Accountability act in 1996, the goal was to create a simpler, more standardized system that would eventually lower health care costs; reduce errors through safe, universally accepted electronic communication of health care transactions; and eliminate paper claims. Ten years later, the jury is still out on whether HIPAA has been worth the time, energy, and financial investment for insurers. That's not to say, however, that HIPAA hasn't generated benefits while also creating new challenges. "Standards made sense," says Tom Fitzpatrick, Horizon Blue Cross Blue Shield of New Jersey's director of enterprise strategic planning, "but no one ever said it would be fast, cheap, or easy. It was challenging to integrate proprietary claims systems and legacy software with the new standards that took effect in October 2003. But that wasn't the end of the story. HIPAA's privacy and security rules and the standard identifiers have meant even more upgrades and improvements and have required payers to spend millions of additional dollars over the past three years on HIPAA compliance." According to a set of quarterly surveys conducted by HIMSS/Phoenix Health Systems, progress has actually been fairly rapid. On the other hand, some things have remained much the same. In 2003, payers cited "understanding/interpreting the legal requirements" as the most difficult aspect of the HIPAA remediation process, followed by "achieving successful integration of new policies and procedures" and "resolving issues with third parties". In 2006, the barriers are similar, with users citing the same top two struggles.

Confidentiality↗