To Prevent Abuse Of Information In Health Insurance And Healthcare B. 200 Independence Avenue, S.W. Linkage between the records in the tables is possible through the demographics. If they are considered a covered entity under HIPAA; Question 9 - Which of the following is NOT true regarding a Business Associate contract: Is required between a Covered Entity and Business Associate if PHI will be shared between the two HIPAA required the Secretary to issue privacy regulations governing individually identifiable health information, if Congress did not enact privacy legislation within three years of the passage of HIPAA. Such dates are protected health information. In such cases, the expert must take care to ensure that the data sets cannot be combined to compromise the protections set in place through the mitigation strategy. Various state and federal agencies define policies regarding small cell counts (i.e., the number of people corresponding to the same combination of features) when sharing tabular, or summary, data.20,21,22,23,24,25,26,27  However, OCR does not designate a universal value for k that covered entities should apply to protect health information in accordance with the de-identification standard. True Covered entities who violate HIPAA law are only punished with civil, monetary penalties. After you complete the quiz, you MUST email your results page or certificate to pack_mam@dell.com. Therefore, the data would not have satisfied the de-identification standard’s Safe Harbor method. This information can be downloaded from, or queried at, the American Fact Finder website (http://factfinder.census.gov). Example Scenario Experts may be found in the statistical, mathematical, or other scientific domains. First, the expert will evaluate the extent to which the health information can (or cannot) be identified by the anticipated recipients. To request changes to his or her records c. To obtain an accounting of disclosures of his or her information d. To inspect the protected health information of his or her spouse 9. As a result, an expert will define an acceptable “very small” risk based on the ability of an anticipated recipient to identify an individual. Invalid identifiers: 1 data – The first character shouldn’t be a number. What is Considered a HIPAA Breach? OCR also thanks the 2010 workshop panelists for generously providing their expertise and recommendations to the Department. When can ZIP codes be included in de-identified information? Notice that every age is within +/- 2 years of the original age. This guidance will be updated when the Census makes new information available. Which of the following is not a guideline for compliance with HIPAA standards for safeguarding PHI and ePHI? As a result, no element of a date (except as described in 3.3. above) may be reported to adhere to Safe Harbor. For instance, the date “January 1, 2009” could not be reported at this level of detail. This includes all dates, such as surgery dates, all voice recordings, and all photographic images. It is expected that the Census Bureau will make data available from the 2010 Decennial Census in the near future. To inspect and copy his or her health information b. This problem has been solved! These are features that could be exploited by anyone who receives the information. If such information was listed with health condition, health care provision or payment data, such as an indication that the individual was treated at a certain clinic, then this information would be PHI. The notion of expert certification is not unique to the health care field. Which of the following are valid identifiers and why/why not : Data_rec, _data, 1 data, datal, my.file, elif, switch, lambda, break ? The Health Insurance Portability and Accountability Act of 1996 (HIPAA or the Kennedy–Kassebaum Act) is a United States federal statute enacted by the 104th United States Congress and signed into law by President Bill Clinton on August 21, 1996. For all HIPAA administrative and financial transactions, covered health care providers and all health plans and health care clearinghouses should use NPIs. A covered entity may assign a code or other means of record identification to allow information de-identified under this section to be re-identified by the covered entity, provided that: identifier, and the provision of additional protections such as encryption and role-based access control for individually-identifiable data elements in the research record. The importance of documentation for which values in health data correspond to PHI, as well as the systems that manage PHI, for the de-identification process cannot be overstated. The expert will then execute such methods as deemed acceptable by the covered entity or business associate data managers, i.e., the officials responsible for the design and operations of the covered entity’s information systems. Which of the following is not a patient right under HIPAA rules? Covered entities may include the first three digits of the ZIP code if, according to the current publicly available data from the Bureau of the Census: (1) The geographic unit formed by combining all ZIP codes with the same three initial digits contains more than 20,000 people; or (2) the initial three digits of a ZIP code for all such geographic units containing 20,000 or fewer people is changed to 000. This is because a record can only be linked between the data set and the population to which it is being compared if it is unique in both. However, a covered entity may require the recipient of de-identified information to enter into a data use agreement to access files with known disclosure risk, such as is required for release of a limited data set under the Privacy Rule. Suppression may also be performed on individual records, deleting records entirely if they are deemed too risky to share. For instance, a patient’s age may be reported as a random value within a 5-year window of the actual age. HIPAA uses three unique identifiers for covered entities who use HIPAA regulated administrative and financial transactions. Read more on the Workshop on the HIPAA Privacy Rule's De-Identification Standard. Because Congress did not enact privacy legislation, HHS developed a proposed rule and released it for public comment on November 3, 1999. Invalid identifiers: 1 data – The first character shouldn’t be a number. Stakeholder input suggests that a process may require several iterations until the expert and data managers agree upon an acceptable solution. What is “actual knowledge” that the remaining information could be used either alone or in combination with other information to identify an individual who is a subject of the information? B. ID ANSI. No. Names; 2. If a covered entity or business associate successfully undertook an effort to identify the subject of de-identified information it maintained, the health information now related to a specific individual would again be protected by the Privacy Rule, as it would meet the definition of PHI. For further information, go to: https://www.census.gov/geo/reference/zctas.html. Good Luck! What is the term for this policy? Both methods, even when properly applied, yield de-identified data that retains some risk of identification. The covered entity must remove this information. This could occur, for instance, if the data set includes patients over one year-old but the population to which it is compared includes data on people over 18 years old (e.g., registered voters). For instance, an expert may derive one data set that contains detailed geocodes and generalized aged values (e.g., 5-year age ranges) and another data set that contains generalized geocodes (e.g., only the first two digits) and fine-grained age (e.g., days from birth). The ZCTAs were designed to overcome the operational difficulties of creating a well-defined ZIP code area by using Census blocks (and the addresses found in them) as the basis for the ZCTAs. Rather, a combination of technical and policy procedures are often applied to the de-identification task. In this example, a covered entity would not satisfy the de-identification standard by simply removing the enumerated identifiers in §164.514(b)(2)(i) because the risk of identification is of a nature and degree that a covered entity must have concluded that the information could identify the patient. Professional scientists and statisticians in various fields routinely determine and accordingly mitigate risk prior to sharing data. What is a Business Associate? If an expert determines that the risk of identification is greater than very small, the expert may modify the information to mitigate the identification risk to that level, as required by the de-identification standard. As the NPI is a 10-position, intelligence-free numeric identifier (10-digit number), it does not disclose other information about health care providers. One good rule to prevent unauthorized access to computer data is to _____. Information that had previously been de-identified may still be adequately de-identified when the certification limit has been reached. Finally, for the third condition, we need a mechanism to relate the de-identified and identified data sources. In this case, the expert may attempt to compute risk from several different perspectives. Safe Harbor – The Removal of Specific Identifiers. (2) Relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to the individual; and A patient sends an e- mail message to a physician that contains patient identification . Answer: HIPAA; HITECH; HIIPA; Question 2 - As part of insurance reform, individuals can: Answer: Transfer jobs and not be denied health insurance because of pre-existing conditions; Choose any insurance carrier they want ; Can be denied renewal of health insurance for any reason; Can be discriminated against based on health status; Question 3 - Which of the following is a Business … Under this standard, health information is not individually identifiable if it does not identify an individual and if the covered entity has no reasonable basis to believe it can be used to identify an individual. To sign up for updates or to access your subscriber preferences, please enter your contact information below. No. Home > Office of Human Subjects Research - Institutional Review Board > HIPAA and Research Definition of De-Identified Data. No single universal solution addresses all privacy and identifiability issues. § 164.514 Other requirements relating to uses and disclosures of protected health information. The expert may certify a covered entity to share both data sets after determining that the two data sets could not be merged to individually identify a patient. As another example, an increasing quantity of electronic medical record and electronic prescribing systems assign and embed barcodes into patient records and their medications. An expert is asked to assess the identifiability of a patient’s demographics. Only names of the individuals associated with the corresponding health information (i.e., the subjects of the records) and of their relatives, employers, and household members must be suppressed. Physician names, such as physician names, such as personal names, residential addresses, or events... 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