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2013 Practitioner and Provider Manual - Presbyterian Healthcare ...

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13. Health Insurance PortabilityQuality Improvement Program13. Health Insurance Portability <strong>and</strong> Accountability Act<strong>and</strong> Accountability ActThis chapter provides a high-level overview of thefollowing critical federal regulations created toaddress key concerns relating to electronic healthinformation:The Health Insurance Portability <strong>and</strong> AccountabilityAct (HIPAA) of 1996The Health Information Technology for Economic<strong>and</strong> Clinical Health (HITECH) Act of 2009The HIPAA Final Omnibus Rule of <strong>2013</strong>HIPAA regulations are detailed in the Code ofFederal Regulations (CFR) Title 45, whichaddresses public welfare <strong>and</strong> is administered bythe U.S. Department of Health <strong>and</strong> HumanServices (DHHS). The specific regulations thataddress HIPAA are 45 CFR Parts 160 <strong>and</strong> 164,which can be reviewed in their entirety athttp://www.ecfr.gov/cgi-bin/textidx?c=ecfr&tpl=/ecfrbrowse/Title45/45cfr164_main_02.tpl.This chapter’s overview includes a brief descriptionof the relevance of these regulations to allproviders, <strong>and</strong> a list of informational <strong>and</strong> trainingresources for providers seeking additionalinformation.What Requires Your Particular Attention?<strong>Provider</strong>s are advised to pay particular attention tothe recently enacted (September 23, <strong>2013</strong>) HIPAAFinal Omnibus Rule.You can review the Federal Register release of this25/pdf/<strong>2013</strong>-01073.pdf.The American Medical Association provides anumber of resources for physicians atrule at http://www.gpo.gov/fdsys/pkg/FR-<strong>2013</strong>-01-http://www.ama-assn.org/ama/pub/physician-resources/solutions-managing-your-practice/coding-billing-insurance/hipaahealth-insurance-portability-accountability-act.page.These resources include a .pdf titled “HIPAAPrivacy <strong>and</strong> Security Toolkit: Helping Your PracticeMeet New Compliance Requirements.”Many additional resources posted online by DHHS,trade associations, <strong>and</strong> commercial entities areavailable to providers seeking to ensure that theyare fully compliant.Who is Legally Responsible for HIPAACompliance?All providers are solely responsible for theircompliance with HIPAA regulations. Presbyteri<strong>and</strong>oes not assume any responsibility for ensuringthat providers are compliant.The information provided in this chapter should notbe construed as legal advice; providers shouldconsult their own legal counsel for an opinion as tohow these regulations apply to their office or facility.13-12014 <strong>Practitioner</strong> <strong>and</strong> <strong>Provider</strong> <strong>Manual</strong> - Ver. 3

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