1. HIPAA &Patient Confidentiality

2. HIPAA &Patient Confidentiality
What is HIPAA?
 HIPAA is the Health Insurance Portability and
Accountability Act, a federal law that:
 Protects patient privacy of personal health information
(PHI)
 Provides for the electronic security of PHI
 Provides for the physical security of PHI
 Protects patient rights in regard to their health
information

3. HIPAA &Patient Confidentiality
Why is Privacy and Security Important?
 State and Federal laws require patient record are kept
confidential
 Common use of electronic information systems
increases possibility of unintentional disclosure and
easy access for intentional misuse
 To protect against identity theft and fraud
 Maintaining patient privacy is the ethical thing to do

4. HIPAA &Patient Confidentiality
What is Protected Health Information (PHI)
 PHI includes all written, oral and electronic
information about a patient
 It includes:
 Patients clinical information
 Patient identifiers
 Patient demographics
 Any other personal information or identifiers (i.e.
drivers license, insurance information, photos, etc.)

5. HIPAA &Patient Confidentiality
Where is PHI located?
 Written and electronic medical records
 Diagnostic reports
 Billing records
 Prescriptions, wristbands, labeled I.V. solutions
 Virtually anywhere inside a healthcare
organization

6. HIPAA &Patient Confidentiality
How do you use PHI?
 Only to do your job
 Only in accordance with HIPAA laws
 Even then…
 Use only the “Minimum Necessary” amount of
information needed to do your job
(For example, an admissions clerk does not need
lab results to admit a patient)

7. HIPAA &Patient Confidentiality
How do you protect the patient’s PHI?
 Dispose of PHI properly – shred, DON’T trash
 Use caution when Faxing PHI – confirm fax
numbers and confirm receiver is available to
retrieve immediately
 Do not use e-mail to send PHI
 Lock doors in secure areas
 Secure PHI by speaking quietly when discussing
patient information

8. HIPAA &Patient Confidentiality
How do you protect the patient’s PHI?
 Avoid conversations about patients outside work area
 Avoid use of patient names and identifiers in conversation when
possible
 Secure PHI at the end of a work day (log off computers, secure
written documents in locked drawers or cabinets)
 Never leave sensitive information on voicemails or
answering machines
 Never access PHI except for information specifically
needed to do your job
 Never access the PHI of friends, relatives, or any other
individual unless necessary to do your job and without
proper authorization in accordance with hospital policy

9. HIPAA &Patient Confidentiality
What are the consequences of violating HIPAA and Patient
Confidentiality?
 Disciplinary action up to and possibly including
termination. Breach will be reported to the patient & the
Department of Health and Human Services
 You may be individually subject to civil penalties:
 $100/violation not to exceed $25,000 for violations without
cause
 $1,000/violation not to exceed $100,000 for violations based
on reasonable cause
 In cases of willful neglect, fines from $10,000 to $250,000.
 In cases of willful neglect that is not corrected, fines $50,000
per violation up to $1.5 million

10. HIPAA &Patient Confidentiality
What are the consequences of violating HIPAA and
Patient Confidentiality?
 You may be individually subject to criminal penalties
for knowingly using, obtaining, or disclosing PHI.
Criminal penalties include:
 Fines up to $50,000, imprisonment up to 1 year, or both
 Offenses committed under false pretenses, fines up to
$100,000, imprisonment up to 5 years, or both
 Offenses committed with intent to sell, transfer, or use PHI
for commercial advantage, personal gain or malicious harm,
fines up to $250,000, imprisonment up to 10 years, or both

11. HIPAA &Patient Confidentiality
Questions or concerns regarding
HIPAA or use of PHI should
be directed to your supervisor
or the Compliance Department

12. HIPAA &Patient Confidentiality
Protect your
patient’s privacy
and protect
yourself!

13. HIPAA &Patient Confidentiality

14. HIPAA &Patient Confidentiality
References
http://iwww.arh.org/mainsite/Compliance_
HIPAA
Wolper, L.F. (2011). Health care
administration: Managing organized delivery
systems (5th ed.). Boston: Jones and Bartlett.
www.hhs.gov/ocr/hipaa/