...MOD 160 Night Class M.B&C Chapter 2: Compliance, Privacy, Fraud, and Abuse in Insurance Billing 1. Define compliance. 2. Name the two provisions of the Health Insurance Portability and Accountability Act (HIPAA) that relate most to health care. 3. Explain the difference between Titles I insurance Reform and Title II Administrative Simplification. 4. Describe the Privacy Rule under HIPAA. 5. Define protected health information (PHI). 6. Identify the difference between disclosure and use of PHI. 7. Illustrate the difference between privileged and nonprivileged information. 8. Explain patient rights under HIPAA. 9. Explain responsibilities of the health care organization to protect patient rights under HIPAA. 10. State the guidelines for HIPAA privacy compliance. 11. List the three major categories of security safeguards under HIPAA. 12. Define the provisions of the HITECH Act. 13. List the civil and criminal penalties of noncompliance with HIPAA regulations. 14. Identify the difference between fraud and abuse. 15. Identify the Federal and State laws that regulate health care fraud and abuse. 16. List the various fraud and abuse audit programs 17. Describer the basic components of an effective compliance program. Compliance Defined * All regulations, recommendations, and expectations of regulating agencies must be met to be in compliance. * The professional elements of the principles...
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...Portability and Accountability Act (HIPAA) have been under a continuum since it was signed during the Clinton administration in 1996 (Schwartz, 2003). Policies have been implemented to protect patients’ privacy. What the establishment of HIPAA has enforced is that patients’ information must be protected from all unauthorized parties. Patients’ information is being stored electronically. The electronic form will protect the patient’s record from all parties involved with any change that a patient is involved with including insurance companies, employers, and health care providers (Degaspari, 2011). HIPAA has become a routine function in the health care system. Safeguards have been installed on facilities that have computers that store or have access to patient information. HIPAA’s involvement with the electronic system has improved the transmission of patient data while decreasing the number of errors which by comparison improves efficiency. Organizations must implement specific security objectives under HIPAA to be compliant. Under HIPAA standards any unauthorized exposure regardless of the circumstances to which the violation takes place is harmful to the patient. The continued changes have revisited the liability of violators which suggests any organization that is involved or responsible for such actions will be held accountable regardless of the individual or reason for the violation. What this paper will reveal is whether the evolution of HIPAA have instructed a standard not only...
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...Profession Responsibilities This paper will discuss the federal law that governs Protected Health Information (PHI) and the elements of compliance that must be met. This paper will also describe two examples of improper privacy disclosure and some challenges a medical office might have maintaining strict confidentiality. The federal law that governs Protected Health Information (PHI) is the Health Insurance Portability and Accountability Act (HIPAA) of 1996 ("Summary of the,"). HIPAA’s goal is to simplify the administrative processes of the healthcare system and to protect patients’ privacy ("HIPAA compliance,"). The Privacy Rule of HIPAA plays an important role being that it was designed to protect personal information as it travels through the healthcare system. The organizations that must comply with this rule are providers, payers, and healthcare organizations. HIPAA has standards that every organization must comply with including administrative procedures, technical security mechanisms and services and physical safeguards ("HIPAA compliance,"). For example to comply with administrative procedures healthcare organizations must implement policies and procedures in their workforce to ensure security of electronic protected health information to only those who are authorized and prevent those who are not along with performing periodic evaluation of the entity’s security policies and procedures. An example of compliance in the technical security mechanisms and services would be...
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...Accountability Act (HIPAA), is a law within health care or human service organizations that prohibits group health plans and other organizations from discriminating against people because of factors relating to their health. These factors include but are not limited to: physical or mental conditions, medical history, past claims, prior health care received, and information pertaining to a person's genetics. The objective of the HIPAA regulation in 1996 was to protect a person's right regarding the release of personal information to unlicensed individuals. When this law went into effect, there were compliance deadlines that were set for all businesses that would be affected by the HIPAA law; the deadline was October of 2002. Some entities were allowed to file for a one-year extension of the deadline. Most organizations and businesses were given between 12 and 18 months to modify their operations and implement the changes as advised by experts. Many organizations didn't start implementing the HIPAA rule until after the 2005 Security Standards compliance date. Congress set harsh consequences for those individuals and organizations that were not expedient to adopting transmission standards and safeguarding medical information. One penalty for noncompliance with HIPAA standards for simple compliance breaches was $100 a person per violation; which could be maxed out at $25,000 per year per person. For any individual or organization that knowingly “misused” or “breached” the HIPAA standards...
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...Financial Laws Theodore Gladney Health Services Finance Professor: Alison Williams Financial Laws Five Elements Pertaining To the Establishment of a False Claim under the False Claims Act The five elements necessary to establish a false claim must determine that the claim was in breach of State laws. It must be proved beyond reasonable doubt that the claim was false, fraudulent or fictitious and made for a monetary benefit. The false claim is established when an individual is in possession of a property or money used by the government with the intention to defraud the government (Boese, 2005). It must also be established that the ‘false claim’ was made with actual knowledge. False certification of receipt of property without attempting to confirm the truth of the information provided is also an element that constitutes false claim. Three Broad Objectives of HIPAA Privacy Standards HIPAA privacy standards aims to achieve the following three important objectives: i) Administrative Safeguards HIPAA privacy rules designed procedures and policies regarding the administrative procedures of the act; how will the act be complied with. ii) Physical Safeguards HIPAA privacy rules were designed to control physical access to guard against inappropriate access to personal healthcare information. iii) Technical Safeguards HIPAA privacy rules control access to computer systems and facilitate enclosed entities to protect interactions involving PHI transmitted...
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...Healthcare Law and IT Brittany Technology is constantly evolving and advancing. As the healthcare industry becomes more electronic the laws protecting patient health information also need to evolve to cover the ever changing technologic advances. The concerns of protecting patients’ private healthcare information have grown as the use of electronic medical records has become more prevalent throughout the industry. In the 1960s computers began being used for generalizing human behavior. A physician established the idea of the Electronic Medical Record (Srinivasan, 2013). Unfortunately, the usage of electronic medical records did not become more mainstream until two decades later. (Srinivasan, 2013). As the use of EMRs became more prevalent healthcare information technology has played a “pivotal role in improving healthcare quality, cost, effectiveness, and efficiency,” (Srinivasan, 2013). However, the use of healthcare information technology has brought up concerns about privacy and protection of patient health information. In 1996, the Health Information Privacy and Accountability Act also known as HIPAA was passed. This was the first federal law regulating the privacy of health information. HIPAA was “designed primarily to modernize the flow of health information” (Solove, 2013). While at this time medical records were still in paper form, it was clear that health records would become digital in the future. (Solove, 2013). In the early years of HIPAA there...
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...and Accountability Act Compliance Guide US Department of Health and Human Services Information Security Program Health Insurance Portability and Accountability Act (HIPAA) Compliance Guide September 14, 2005 Page i Health Insurance Portability and Accountability Act Compliance Guide US Department of Health and Human Services Table of Contents Table of Contents .......................................................................................... i Preface.........................................................................................................iii Document Change History ............................................................................iv 1. Introduction ....................................................................................... 1 1.1 1.2 1.3 1.4 2. 2.1 Purpose ........................................................................................... 1 Background...................................................................................... 1 Scope.............................................................................................. 2 Document Organization ..................................................................... 4 HIPAA Administrative Simplification Requirements ........................... 5 General Overview ............................................................................. 5 2.1.1 HIPAA Administrative Simplification Goals and Objectives ............. 5 2.1.2 HIPAA Definitions ..........
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...In order for a large public health care organization to stay operational, the organization must follow many compliance laws. There are many compliance laws set in place for many health care organizations. For a health care organization of this size, there are few compliance laws that must be adhered too; Health Insurance Portability and Accountability Act (HIPAA), Payment Card Industry Data Security Standard (PCI DSS), and Sarbanes-Oxley Act (SOX). HIPAA required the Secretary of the U.S. Department of Health and Human Services (HHS) to develop regulations protecting the privacy and security of certain health information. To fulfill this requirement, HHS published what are commonly known as the HIPAA Privacy Rule and the HIPAA Security Rule. The Privacy Rule, or Standards for Privacy of Individually Identifiable Health Information, establishes national standards for the protection of certain health information. The Security Standards for the Protection of Electronic Protected Health Information (the Security Rule) establish a national set of security standards for protecting certain health information that is held or transferred in electronic form. The Security Rule operationalizes the protections contained in the Privacy Rule by addressing the technical and non-technical safeguards that organizations called “covered entities” must put in place to secure individuals’ “electronic protected health information” (e-PHI). In today’s era, everyone pays with credit cards or debit cards...
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...You Decide Activity Assignment Responses Part I From the Chief Compliance Officer (CCO) perspective on HIPAA, contemplate the three basic areas which HIT professionals must be most concerned with are: (1) Privacy Rules (2) Security Rules, and (3) Standardized transaction code sets Write a paragraph on each of the 3 critical areas of HIPAA for a training session of your staff. Explain what they are, why they are important and how they impact staff duties and the organization. HIPAA Rules (1) Privacy Rules: The HIPAA (Health Insurance Portability and Accountability Act) Privacy Rule provided by the US department of Health and Human services (HHS) federally protects individuals’ health information held by covered entities and their business associates as well as other personal health information holders such as care providers, health insurance agents, medical billing departments etc. that conduct certain health care transactions electronically or via paper billing. The compliance of HIPPA is essential because it ensures and provides patient confidentiality in accordance with the law thereby protecting personal health information, and setting the limits and exclusions on the use and disclosure of patient information. The compliance of this law is also important to protect from identity theft via medical records. The HIPPA compliance law is passed by congress and impacts the staffs because it calls for an ethical duty to maintain the privacy of patients’ information that...
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...system, the health insurance portability and accountability Act of 1996 (HIPAA), law 104-191, enclosed administrative Simplification provisions that needed Department of Health and Human Services to adopt national standards for electronic health care transactions and code sets, distinctive health identifiers, and security. At the same time, Congress recognized that advances in electronic technology may erode the privacy of health data. Consequently, Congress incorporated into HIPAA provisions that mandated the adoption of Federal privacy protections for identifiable classifiable health data. HHS published a final Privacy rule Dec 2000 that was later modified in August 2002. This Rule set national standards for the protection of individually identifiable health data by three types of covered entities: health plans, health care clearinghouses, and health care providers who conduct the quality health care transactions electronically. Compliance with the Privacy Rule was needed as of April 14, 2003 (April 14, 2004, for little health plans). HHS published a final Security rule in 2003. This Rule sets national standards for safeguarding the confidentiality, integrity, and availability of electronic protected health data. Compliance with the protection Rule was needed as of Apr 20, 2005 (April 20, 2006 for little health plans). OCR administers and enforces the Privacy Rule and also the Security Rule. other HIPAA administrative Simplification Rules are administered and implemented by...
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...The Step’s Within the HIPAA Laws Page 1 The Step’s Within the HIPAA Laws Shannon Michael HCS/230 10/20/2014 Ann Maleta The Step’s Within the HIPAA Laws Page 2 Introduction The Health Insurance Portability and Accountability Act of 1996, which is known as HIPAA. The Federal legislation created this national standard to help protect the privacy of patients’ and there medical information. It was put in place to ensure greater accountability and to simplify the administrative function with the health care industry. Its purpose is to provider better healthcare continuity for the patients. There are several steps to the Privacy Rule and Compliance I will share a few with you. There must be Someone in Charge With the Privacy Rule someone needs to be assigned the responsibility to implement the rule. This person’s job is to get all the other steps in a line to implement the guild line that is done. For a small practice the doctor or office manager can take care of this duty. It the long run it will start out as a full-time job for a few weeks only and part-time job thereafter. The Duties of the Privacy Officer The privacy officer in place has a lot of things to do and to keep in place. First of all they have to track all of the steps that it takes to comply with the HIPAA Rule. This would be things like keeping files locked up in the file whether it is the cabinets or the door to the room locked. This keeps the records out of reach to others...
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...Section 1 State the overview of HIPAA Privacy Rules The HIPAA Privacy Rule is designed to safeguard protected health information (PHI). The Rule is a set of national standards that mandates medical practices that conduct electronic transactions to protect individuals’ medical records and their personal health information. Implementing the HIPAA privacy requirements sets boundaries on the use and disclosure of health records, imparts individuals more control over their health information, and holds health care providers and their business associates accountable for establishing appropriate safeguards to protect the confidentiality of health information. The rule requires: • Medical practices to provide a Notice of Privacy Practices that describes patients’ privacy rights and how their personal health information may be used or disclosed. • Clear and enforceable policies and procedures,which address how the medical practice will comply with the Privacy Rule. • Designation of a privacy official who will be chiefly responsible for developing and implementing the policies and procedures with respect to the privacy compliance. • Adoption of a formal business associate contract, that assures a medical practice and its business partners that are hold liable for protecting the privacy of personal health information. • Development of administrative procedures, physical safeguards, and technical safeguards to assure the security of personal health information stored and...
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...Compliance Regulations IT Governance 2/8/2015 Table of Contents Regulatory Compliance. Role of IT in Corporate Compliance. 3 Senior Management ignoring compliance mandates. Fines and Penalties 4 References 6 Regulatory Compliance. Role of IT in Corporate Compliance. Regulatory compliance intent is sometimes, to protect investors and their investments or how an industry-specific company handles private information. Also there regulations designed to provide transparency in the handling of the company´s finances and operations. Regulatory compliance also enforces ethical behavior, accountability, legal responsibilities and also penalties for companies and their senior management. The Gramm-Leach-Biley Act, or GLBA, also well known as the Financial Modernization Act of 1999 is an example of a federal law to control the way that financial institutions, institutions that exchange people´s financial information and “any institution that works with people´s money” (Chaple), manage private information of their consumers and customers. This act has different provisions relate to customers and consumer´s information: The Financial Privacy Rule and the Pretexting Provision are concern with the collection, access and disclosure of private financial information. The Safeguards Rule dictates that financial institutions must implement security programs to protect private information (In Brief: The Financial Privacy Requirements of the Gramm-Leach-Bliley Act...
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...Khishigjargal Enkhtur Emily Cox Homework Assignment #1 7th, September 2017 1. Explain the significance of HIPAA? Give an example of a HIPAA violation, and explain why the example is in violation of HIPAA laws. HIPAA is biggest laws in the America. HIPAA includes information privacy, IT for guarding all medical information. The Laws have been increasing gradually in recent years the reason is the cyber attacks. HIPAA privacy rule initiates to protect the patient’s private data. HIPAA security rule is dedicated to protect of cyber protected medical data set standard for a patient. HIPAA enforcement rule is forms instruction for examinations into HIPAA compliance violations. The main purposes of HIPAA are to provide continue health insurance...
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...Analysis and Comparison of GLBA and HIPAA 1. Which US government agency acts as the legal enforcement entity for businesses and organizations involved in commerce? The Federal Trade Commission. 2. Which US government agency acts as the legal enforcement entity regarding HIPPA compliance and HIPPA violations? Office of Civil Rights(OCR) under the Department of Health and Human Services 3. List three (3) similarities between GLBA and HIPAA. 1. Safeguards Rules to protect customer information and consumer personal information. Security Rules 2. Protection of Privacy Rules from third party data sharing. 3. Protection of Financial Privacy Rules 4. List five (5) examples of privacy data elements for GLBA as defined in the privacy rule. 1.Safeguard Rules- protect customer information 2. Pretexting- protect consumers from individuals and companies that obtain their personal financial information under false pretenses. 3. Financial Privacy rules-governs the collection and disclosure of customers personal financial information by financial institutions. 4. Protection against credit reporting agencies 5. Protection from financial institutions that collect information from their own customers. 5. List five (5) examples of privacy data elements for HIPAA as defined in the privacy rule. a. Protection of Electronic Protected Health Information b. Covered entities must put in place secure electronic protection of health information. c....
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