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17 Cards in this Set
- Front
- Back
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Does the Constitution provide specifically for the protection of privacy? Explain your answer |
The word privacy does not specifically appear in the Constitution or the Bill of Rights. However, over the years the first, third, fourth, fifth, ninth, and fourteenth amendment have all been cited in support of privacy |
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What was the first federal law to deal explicitly with the privacy of medical records? |
Health Insurance Portability and Accountability Act (HIPAA)
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Name four considerations for protecting privacy when federal and/or state legislation is written |
Information collected and stored about individuals should be limited to what is necessary to carry out the functions of the business or government agency collecting the information; once collected, access to personal information should be limited to those employees who must use the information in performing their jobs; personal information cannot be released outside the organization collecting it unless authorization is obtained from the subject; when information is collected about a person, that person should know that the information is being collected and should have the opportunity to check the information for accuracy. |
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Information that contains one or more patient identifiers |
Protected Health Information |
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Removal from patient information of all patient identifiers |
De-identify |
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Which law usually prevails, federal or state, if a state law provides greater privacy protection than a federal law? |
If state law provides for greater privacy than HIPAA privacy standards and/or guarantee more patients' rights, state laws will take precedence |
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If a state's privacy laws are stricter than HIPAA privacy standards, the state laws take precedence |
state preemption |
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One can only legally release PHI under six HIPAA-defined |
permissions |
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Distinguish between the electronic medical record and the electronic health record |
the electronic medical record contains all patient medical records for one practice. The electronic health record is a more comprehensive record than the EMR, focusing on the total health of the patient and traveling with the patient |
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What is a breach of PHI? |
a breach is any unauthorized acquisition, access, use, or disclosure of personal health information which compromises the security or privacy of such information |
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If you use computers in the course of your daily work, what are three important rules for you to remember, in order to protect the security of EMR? |
Access controls, such as passwords and PIN numbers are HIPAA Security Rule requirements, and should not be displayed for anyone to see. All data should be backed-up regularly. Computer products should be purchased with security compliance in mind. Training in proper computer use should be on-going. |
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Briefly explain the purpose of HITECH |
the Health Information Technology for Economic and Clinical Health strengthened certain HIPAA privacy and security provisions |
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The False Claims Act contains which distinguishing provision? |
the Federal False Claims Act allows individuals to bring civil actions on behalf of the U.S. government for false claims made to the federal government, under a provision of the law called qui tam (to bring an action for the king and for oneself) |
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Are the Federal Anti-Kickback and the Stark Law exactly the same? |
No, the Federal Anti-Kickback Law prohibits offering, paying, soliciting or receiving anything of value to induce or reward referrals or generate federal health care program business. The Stark Law prohibits a physician from referring Medicare patients for designated health services to an entity with which the physician has a financial relationship, unless an exception applies and it also prohibits the designated health services entity from submitting claims to Medicare for those services resulting from a prohibited referral. |
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What does the Criminal Health Care Fraud Statute prohibit? |
knowingly and willfully executing, or attempting to execute, a scheme intending to defraud any health care benefit program. It also prohibits fraudulently obtaining any money or property owned by or under the control of any health care benefit program |
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What federal office is responsible for enforcement of the four laws mentioned above? |
Office of the Inspector General (OIG) |
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What types of legal convictions are most likely to exclude health care providers from participation in a federal health care program? |
Medicare fraud; patient abuse or neglect; felony convictions for other health care related fraud, theft, or other financial misconduct; or Felony convictions for unlawful manufacture, distribution, prescription, or dispensing of controlled substances |
