2013 Practitioner and Provider Manual - Presbyterian Healthcare ...

Health Insurance Portability and Accountability ActStandardization of electronic health insurancetransactionsSecurity of electronic PHIPrivacy of PHI in any mediumHITECH ActHITECH expands HIPAA privacy and security rules,and increases penalties for HIPAA violations. TheHITECH Act includes regulations thatApply the HIPAA privacy and security directly toany business associates of HIPAA-covered entitiesEstablish mandatory requirements for reportingsecurity breachesCreate privacy requirements for HIPAA-coveredentities and their business associates, includingnew accounting requirements for electronic healthrecords (EHRs)Establish criminal and civil penalties for noncomplianceand enforcement responsibilitiesHIPAA Final Omnibus RuleThis final rule, which is in effect as of September23, 2013, incorporates the federal government’sfinal regulations for implementation of the HITECHAct. In a summary published by the AmericanMedical Association (http://www.amaassn.org/resources/doc/washington/hipaa-omnibusfinal-rule-summary.pdf),the purposes of theOmnibus Final Rule are described as follows:Expand the obligations of physicians and otherhealth care providers to protect patients’ PHIExtend these obligations to a host of otherindividuals and companies who, as “businessassociates,” have access to PHIIncrease the penalties for violations of any of theseobligationsHIPAA Information ResourcesThe resources listed here are just a few of themany online resources available to all providersseeking to ensure that they are fully compliant withall HIPAA regulations, including the recentlyenacted Final Omnibus Rule. As stated earlier inthis chapter, however, Presbyterian advisesproviders to consult their own legal counsel for anopinion as to how these regulations apply to theiroffice or facility.Official HIPAA Information Sources• Department of Health and HumanServiceshttp://www.hhs.gov/ocr/privacy/index.html• Center for Medicare and MedicaidServiceshttp://www.cms.gov/Regulations-and-Guidance/HIPAA-Administrative-Simplification/HIPAAGenInfo/index.htmlHIPAA Final Omnibus RuleNote that in addition to the official DHHS siteand various medical association sites, anumber of additional sources of support forproviders are available.• Department of Health and HumanServiceshttp://www.hhs.gov/ocr/privacy/hipaa/administrative/omnibus/index.html• American Medical Association, “TheHealth Insurance Portability and13-32014 Practitioner and Provider Manual - Ver. 3