When does HIPAA apply to a deceased person?
They use old records in pursuit of historical information. The HIPAA Privacy Rule “explicitly excludes from the definition of ‘protected health information’ individually identifiable health information regarding a person who has been deceased for more than 50 years.” Enforcement of the rule for a person who has died is the same as for the living.
What are the questions and answers about HIPAA?
The HIPAA regulation, however, was written in a manner that leaves a lot open for interpretation. This HIPAA questions and answers is meant to clear up some of the common questions around HIPAA. HIPAA Questions and Answers: What is the Purpose of HIPAA? What is the purpose of HIPAA?
What does HIPAA mean to patients and business associates?
For patients, HIPAA means that healthcare entities are ensuring the confidentiality, integrity, and availability of PHI. For healthcare entities and business associates, HIPAA means that they must comply with the regulation to secure PHI. HIPAA Questions and Answers: What are the Three Primary Parts of HIPAA?
Why was HIPAA enacted in the first place?
HIPAA was enacted to ensure the confidentiality, integrity, and availability of protected health information (PHI). ◈ Confidentiality. PHI collected on patients holds a wealth of information. When PHI falls into the wrong hands, it can be used to commit identity theft or fraud.
How does the HIPAA Privacy rule apply after death?
The HIPAA Privacy Rule states that individuals’ identifiable health information remain protected for 50 years following their death. “The Rule explicitly excludes from the definition of ‘protected health information’ individually identifiable health information regarding a person who has been deceased…
Who are the health care clearinghouses covered by HIPAA?
Health Care Clearinghouses —entities that process nonstandard health information they receive from another entity into a standard (i.e., standard electronic format or data content), or vice versa. In addition, business associates of covered entities must follow parts of the HIPAA regulations. Often, contractors,…
Who is responsible for the enforcement of HIPAA?
“HIPAA” is the Health Insurance Portability and Accountability Act of 1996. This federal regulation set standards for safeguarding Protected Health Information, or PHI. HIPAA is regulated by the Department of Health and Human Services (HHS) Office of Civil Rights (OCR). HIPAA can also be enforced by State Attorneys General.
How does HIPAA regulations apply to key patient data access?
“During the 50-year period of protection, the Privacy Rule generally protects a decedent’s health information to the same extent the Rule protects the health information of living individuals but does include a number of special disclosure provisions relevant to deceased individuals.”