Health Care Information Laws

Which Laws Apply to Organizations Handling Health Care Information?

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Question

Which of the following laws applies to organizations handling health care information?

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Explanations

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A. B. C. D.

B.

HIPAA handles health care information of an organization.

The Health Insurance Portability and Accountability Act (HIPAA) were introduced in 1996

It ensures that health information data is protected.

Before HIPAA, personal medical information was often available to anyone.

Security to protect the data was lax, and the data was often misused.

If your organization handles health information, HIPAA applies.

HIPAA defines health information as any data that is created or received by health care providers, health plans, public health authorities, employers, life insurers, schools or universities, and health care clearinghouses.

HIPAA defines any data that is related to the health of an individual, including past/present/future health, physical/mental health, and past/present/future payments for health care.

Creating a HIPAA compliance plan involves following phases: -> Assessment: An assessment helps in identifying whether organization is covered by HIPAA.

If it is, then further requirement is to identify what data is needed to protect.

-> Risk analysis: A risk analysis helps to identify the risks.

In this phase, analyzing method of handling data of organization is done.

-> Plan creation: After identifying the risks, plan is created.

This plan includes methods to reduce the risk.

-> Plan implementation: In this plan is being implemented.

-> Continuous monitoring: Security in depth requires continuous monitoring.

Monitor regulations for changes.

Monitor risks for changes.

Monitor the plan to ensure it is still used.

-> Assessment: Regular reviews are conducted to ensure that the organization remains in compliance.

Incorrect Answers: A: GLBA is not used for handling health care information.

C: SOX designed to hold executives and board members personally responsible for financial data.

D: FISMA ensures protection of data of federal agencies.

The law that applies to organizations handling healthcare information is HIPAA (Health Insurance Portability and Accountability Act). HIPAA was passed by the U.S. Congress in 1996 to establish national standards for protecting the privacy and security of individuals' health information. It applies to healthcare providers, health plans, and healthcare clearinghouses (collectively known as "covered entities"), as well as their business associates who handle protected health information (PHI).

HIPAA's Privacy Rule sets standards for how covered entities must protect the privacy of individually identifiable health information, while its Security Rule establishes national standards for protecting the confidentiality, integrity, and availability of electronic PHI (ePHI) that is created, received, maintained, or transmitted by a covered entity.

Covered entities must implement reasonable and appropriate administrative, physical, and technical safeguards to protect ePHI, and must also develop and implement a security management process to ensure that security policies and procedures are in place and up-to-date. They must also conduct regular risk assessments to identify vulnerabilities and implement measures to address any identified risks.

Violations of HIPAA can result in significant fines and penalties, including up to $50,000 per violation and up to $1.5 million in total fines per year for each violation category. In addition, HIPAA provides for criminal penalties for knowingly obtaining or disclosing PHI in violation of the law, with penalties ranging from fines to imprisonment.

Therefore, organizations handling healthcare information must comply with HIPAA to ensure the privacy and security of individuals' health information.