Stedman's Guide to the HIPAA Privacy & Security Rules

by Nicholls, Kathy

• ISBN13: 9781608310531
• ISBN10: 1608310531
• Edition: 2nd
• Format: Paperback
• Copyright: 2011-01-31
• Publisher: Stedman's

Summary

Addressing the needs of all health information management professionals, from medical transcriptionists, coders, and billers to medical office administrators and managers,Stedman's Guide to the HIPAA Privacy & Security Ruleshas been completely revised to include not only the Security Rule, but also the new HITECH Act passed in 2009. Writing in a lively, engaging style, Kathy Nicholls cuts through the daunting legalese and gets right to the core of each relevant piece of legislation, clearly and concisely explaining the meaning and purpose of the law, while also providing clean, easy-to-follow checklists for compliance. Helpful hints and key items are pulled out and highlighted for ease of studying and retention, and real-world stories anchor the legal information in the real world of healthcare information, demonstrating both the necessity and the application of the law, and enlivening the material. An FAQ section at the end is a handy reference as students move into the professional world, and as professionals need a refresher on key questions. The online resources include dozens of sample forms that can be modified to suit the user's needs. This concise, clear guide explains even the most complicated of the HIPAA legislation in terms that are easy to understand and relevant to students and professionals responsible for safeguarding the privacy and integrity of healthcare information.

Table of Contents

Introduction to HIPAA and the Privacy and Security Rules	p. 1
Introduction	p. 2
What Is HIPAA?	p. 3
The Privacy and Security Rules	p. 7
Terminology	p. 8
General Terminology in Healthcare	p. 13
Significant Points	p. 14
Compliance Deadlines	p. 16
The Privacy and Security Rules and Healthcare Documentation	p. 21
Introduction	p. 22
What Does the Privacy Rule Really Do?	p. 23
What Does the Security Rule Really Do?	p. 23
Privacy for Protected Health Information Is the Goal!	p. 24
What Constitutes Protected Health Information?	p. 25
Who Must Comply and How Does Compliance Impact the Work Setting?	p. 25
State Laws	p. 26
Application of the Privacy Rule in Healthcare Documentation	p. 26
Policies and Procedures	p. 27
Training	p. 27
Use and Disclosure	p. 28
Minimally Necessary Information	p. 29
Access Control	p. 29
De-identified Information	p. 30
Confidentiality Agreements	p. 32
Computer Security	p. 32
Work Areas	p. 33
Transfer of Data	p. 33
Destruction of Hard Copy protected Health Information	p. 34
Use of the Fax	p. 34
Use of E-Mail	p. 36
Disaster Recovery	p. 37
Offsite Workers	p. 37
Storage and Retention	p. 38
Audit Trails	p. 39
Termination Procedures	p. 39
Recycling of Computers	p. 40
Access to PHI for Educational Purposes	p. 40
Vendors	p. 41
Breaches	p. 42
Complaints	p. 43
Penalties	p. 44
Enforcement	p. 46
HIPAA for the Independent Contractor	p. 46
Are You a Business Associate?	p. 47
General Requirements	p. 47
A Blueprint for Compliance with the Privacy Rule	p. 57
Introduction	p. 58
Where Do I Start?	p. 58
Gap Analysis Checklist	p. 59
Vendor Compliance Checklist	p. 63
Training Checklist	p. 63
What Policies Do I Need?	p. 65
Privacy Officer Policy	p. 66
Policy for the Use of Protected Health Information	p. 67
Policy for the Use of Protected Health Information in Quality Assurance and Educational Programs	p. 67
Training Policy	p. 69
Computer Security Policy	p. 69
Policy for Confidentiality Agreements	p. 73
Policy for Work Area Arrangements	p. 74
Access Policy for Digital Dictation Systems	p. 75
Policy for the Use of Hard Copy Protected Health Information	p. 76
Policy for Use of the Fax Machine	p. 77
E-Mail Policy	p. 78
Disaster Recovery Policy	p. 80
Policy for Offsite Workers	p. 81
Termination Policy	p. 84
Breaches and Sanctions Policies	p. 86
Complaint Policy	p. 87
Vendor Policy	p. 88
Policies for Business Associates	p. 88
Sample Contracts and Agreements	p. 90
Policy for Subcontractors	p. 99
Policy for Offshore Contractors	p. 99
A Word About Disclosures	p. 100
What About Indemnification?	p. 100
The Security Rule and Healthcare Documentation	p. 109
Introduction	p. 110
What Does the Security Rule Really Do?	p. 110
What Constitutes Protected Health Information?	p. 111
Who Must Comply and How Does Compliance Impact the Work Setting?	p. 112
State Laws	p. 112
Application of the Security Rule	p. 113
Administrative Safeguards	p. 113
Physical Safeguards	p. 121
Technical Safeguards	p. 125
Organizational Requirements	p. 127
Policies and Procedures and Documentation Requirements	p. 127
Penalties	p. 128
Enforcement	p. 129
HIPAA for the Independent Contractor	p. 130
Are You a Business Associate?	p. 130
A Blueprint for Compliance with the Security Rule	p. 137
Introduction	p. 138
Administrative Safeguards	p. 139
Security Management Process	p. 139
Assigned Security Responsibility	p. 145
Workforce Security	p. 146
Information Access Management	p. 148
Security Awareness and Training	p. 150
Security Incidents	p. 152
Contingency Plans	p. 155
Evaluation	p. 157
Business Associate Contracts and Other Arrangements	p. 158
Physical Safeguards	p. 162
Facility Access Control	p. 162
Workstation Use	p. 165
Workstation Security	p. 166
Device and Media Controls	p. 167
Technical Safeguards	p. 169
Access Control	p. 170
Audit Controls	p. 172
Integrity	p. 172
Person or Entity Authentication	p. 173
Transmission Security	p. 174
Organizational Requirements	p. 175
Business Associate Contracts and Other Arrangements	p. 175
Requirements for Group Health Plans	p. 176
Policies and Procedures and Documentation Requirements	p. 177
Policies and Procedures	p. 177
Documentation	p. 178
A Final Note on Security	p. 179
Frequently Asked Questions	p. 185
Industry Resources	p. 199
AAMT Paper on Special Considerations for Offsite Medical Transcriptionists	p. 205
Abbreviations and Acronyms	p. 211
Glossary	p. 213
Index	p. 219
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