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Hipaa Privacy Rule

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Hipaa Privacy Rule
Privacy Rules 1

Abstract

The wisdom of the HIPAA Privacy Rules was to create national standards to protect the

privacy of personal health information. This Rule took effect in April, 2003 and provides

protections to every patient whose information is collected, used or disclosed by covered entities.

The paper will provide information on HIPAA's Privacy Rules, the effect on medical providers

and patients. Also, it will give recommendations on how to improve the implementation of this

Rules.

Privacy Rules 2

BACKGROUND

"HIPAA" is an acronym for the Health Insurance Portability & Accountability Act

of1996 (August 21), Public Law 104-191, which amended the Internal Revenue Service

Code of 1986. Also known as the Kennedy-Kassebaum Act, the Act includes a section,

Title II, entitled Administrative Simplification. To improved the efficiency in healthcare

delivery by standardizing electronic interchange. To improve protection of

confidentiality and security health data through setting and enforcing standards. More specifically, HIPAA called upon the Department of Health and Human Services

(DHHS) to publish new rules that will ensure standardization of electronic patient health,

administrative and financial data, unique health identifiers for individuals, employers,

health plans and health care providers and security standards protecting the confidentiality

and integrity of "individually identifiable health information," past, present or future. (HIPAA,

2005)

Who is covered by HIPAA?

Health Plans – This includes individual or group health plans that provide or pay the cost of

medical care, and includes, among other federally funded health plans, the Medicare and

Medicaid programs. Certain other government-funded programs are excluded from

the definition of health plan.

Health Care Providers – This includes any provider who transmits any health

information in electronic form in connection with the



References: HIPAA Primer (2005). Retrieved November 6, 2007 from http://www.nih.gov/news. Maradiegue, A. (2002). The Health Insurance Portability and Accountability Act and adolescents. Pediatric Nursing, 28(4), 417-420. Davis, K.B. (2001). Privacy rights in personal information: HIPAA and the privacy gap between fundamental privacy rights and medical information John Marshall Journal of Computer and Information Law, 19, 535. Helwig, A. (2002, May). HIPAA primer: What you need to know now? Mdnetguide. Retrieved August 22, 2003, from http://www.mdnetguide.com DHHS, 2002U.S. Department of Health & Human Services. (2002). HHS Issues first major protections for patient privacy. Retrieved November 6, 2007 www.hhs.gov/news/press/2002pres/20020809a.htm Gostin LO, Hodge JG Jr. Personal privacy and common goods: a framework. Minnesota Law Review 2002;86:1439--80. Office for Civil Rights, Department of Health and Human Services. Title 45 of the Code of Federal Regulations Parts 160 and 164. CDC, HIPAA Privacy Rule and Public Health. Retrieved November 7, 2007 from http://www.cdc.gov/mmwr/preview/mmwrhtml/m2e411a1.htm ASHA 'S Club 500, Impact on Clinical Practice. Retrieved November 7, 2007 from http://www.asha.org/about/publications/leader-online/archives/2005/050906/f050906b.htm

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