Question: When Can You Use Or Disclose Protected Health Information?

When can you disclose PHI without authorization?

A covered entity is permitted, but not required, to use and disclose protected health information, without an individual’s authorization, for the following purposes or situations: (1) To the Individual (unless required for access or accounting of disclosures); (2) Treatment, Payment, and Health Care Operations; (3) ….

Which items are considered PHI?

PHI is health information in any form, including physical records, electronic records, or spoken information. Therefore, PHI includes health records, health histories, lab test results, and medical bills. Essentially, all health information is considered PHI when it includes individual identifiers.

What is the most common Hipaa violation?

The 5 Most Common HIPAA ViolationsHIPAA Violation 1: A Non-encrypted Lost or Stolen Device. … HIPAA Violation 2: Lack of Employee Training. … HIPAA Violation 3: Database Breaches. … HIPAA Violation 4: Gossiping/Sharing PHI. … HIPAA Violation 5: Improper Disposal of PHI.

Is patient name alone considered PHI?

Pursuant to 45 CFR 160.103, PHI is considered individually identifiable health information. A strict interpretation and an “on-the-face-of-it” reading would classify the patient name alone as PHI if it is in any way associated with the hospital.

What does protected health information include?

Protected health information includes all individually identifiable health information, including demographic data, medical histories, test results, insurance information, and other information used to identify a patient or provide healthcare services or healthcare coverage.

How do you protect patient health information?

Let’s get started.Develop a Security Culture Mindset. … Perform a Security Risk Assessment. … Develop a PHI Security Improvement Plan. … Develop a Patient Information Privacy Policy. … Develop Security-Centric Workflow Processes. … Train Staff on Security Best Practices. … Develop Third-Party/Vendor PHI Compliance Requirements.More items…•

What is the maximum disclosure accounting period?

The maximum disclosure accounting period is the six years immediately preceding the accounting request, except a covered entity is not obligated to account for any disclosure made before its Privacy Rule compliance date.

What is included on a patient’s accounting of disclosures?

For each disclosure, the accounting must include: (1) The date of the disclosure; (2) the name (and address, if known) of the entity or person who received the protected health information; (3) a brief description of the information disclosed; and (4) a brief statement of the purpose of the disclosure (or a copy of the …

What is considered protected health information under Hipaa?

Under HIPAA, protected health information is considered to be individually identifiable information relating to the past, present, or future health status of an individual that is created, collected, or transmitted, or maintained by a HIPAA-covered entity in relation to the provision of healthcare, payment for …

Under what circumstances can someone reveal information from a patient’s medical records without the patient’s authorization?

More generally, HIPAA allows the release of information without the patient’s authorization when, in the medical care providers’ best judgment, it is in the patient’s interest. Despite this language, medical care providers are very reluctant to release information unless it is clearly allowed by HIPAA.

Is it a Hipaa violation to say a patient’s name?

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 is protected health information used in healthcare?

PHI stands for Protected Health Information and is any information in a medical record that can be used to identify an individual, and that was created, used, or disclosed in the course of providing a health care service, such as a diagnosis or treatment.

Can a patient restrict disclosure of PHI?

All covered entities must permit individuals to request that uses and disclosures of protected health information to carry out treatment, payment, and health care operations be restricted and must adhere to restrictions to which they have agreed. A covered entity is not required to agree to a restriction.

What is an accounting of disclosures as it pertains to the release of protected patient health information?

HIPAA Disclosure Accounting or Accounting of Disclosures (AOD) is the action or process of keeping records of disclosures of PHI for purposes other than Treatment, Payment, or Healthcare Operations. You are required by law to provide patients a list of all the disclosures of their PHI that you have made outside of TPO.

What is not protected health information?

What is not considered as PHI? … For example, employment records of a covered entity that are not linked to medical records. Similarly, health data that is not shared with a covered entity or is personally identifiable doesn’t count as PHI. For example, heart rate readings or blood sugar level readings without PII.

What four items must be included in a record of disclosures of protected health information?

The accounting is required to include the following: (1) disclosures of protected health information that occurred during the six years prior to the date of the request for an accounting; and (2) for each disclosure: the date of the disclosure; the name of the entity or person who received the protected health …

Who can PHI be disclosed to?

Generally speaking, covered entities may disclose PHI to anyone a patient wants. They may also use or disclose PHI to notify a family member, personal representative, or someone responsible for the patient’s care of the patient’s location, general condition, or death.

When can you use or disclose PHI?

We may disclose your PHI, if authorized by law, to a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading the disease or condition.

What are permitted disclosures of PHI?

HIPAA Privacy Rule: Permitted PHI uses and disclosuresTo the Individual – A HIPAA covered entity may disclose protected health information to the individual who is the subject of the information.Treatment, Payment, Health Care Operations – A covered entity may use and disclose PHI for its own treatment, payment, and health care operations activities.More items…•

Are there any exceptions to Hipaa?

The Privacy Rule allows for HIPAA exceptions under emergency circumstances, including for treatment of an individual patient, or for public health reasons. During an emergency, thinking about patient privacy may not be at the forefront.

What types of PHI does Hipaa require a signed authorization?

HIPAA authorization is consent obtained from a patient or health plan member that permits a covered entity or business associate to use or disclose PHI to an individual/entity for a purpose that would otherwise not be permitted by the HIPAA Privacy Rule.