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  1. H I P A A Sandy L. Hunter M.A. Ed, NREMT-P

  2. What? • HIPAA stands for the “Health Insurance Portability and Accountability Act” • HIPAA is a Federal law passed in 1996

  3. Covered? • The EMC Program is NOT a “covered entity”….. but

  4. Covered? • Our students WILL function within “covered entities”. So…

  5. Covered? We need to cover this information.

  6. HIPAA • Specifies what is required to protect the security and privacy of personally identifiable health care information (PHI) • Applies to most health care providers, including ambulance services

  7. HIPAA’s Major Provisions • Electronic Transactions and Code Sets (TCS) • Security • Privacy

  8. Transaction Rule • Requires providers to submit electronic claims in standard formats approved by HHS • Examples: ICD-9 Codes • HCPCS Codes • Other designated code sets

  9. Transaction Rule • Requires payors to accept transactions in the standard formats

  10. Security Rule • Will require covered entities to protect against unauthorized access and interception of PHI • Expected to require use of encryption technology and other safeguards

  11. Security Rule There must be “appropriate administrative, technical, and physical safeguards to protect the privacy of protected health information”.

  12. Security Rule Examples: • Locking up run forms • Role based access • Computer passwords

  13. Security Rule Examples: • Adding security statements to e-mails and faxes • Securing computers and fax machines

  14. The Privacy Rule Why is this an issue?

  15. Privacy? Emergency Transportation

  16. Privacy? ACLS….

  17. Privacy? Intubation

  18. Privacy? W.M.D.

  19. The Privacy Rule

  20. The Requirements • Notifying patients about their privacy rights • Adopting and implementing privacy procedures • Training employees in privacy practices

  21. The Requirements • Designating a Privacy Officer • Securing patient records and limiting access to them

  22. What to Protect • Any information that can identify a patient that relates to their physical or mental health

  23. What to Protect • Protected Patient Health Information (PHI)

  24. What to Protect • Includes written, verbal, electronic, photographic, etc.

  25. Sources or PHI • Run sheets • Dispatch logs • Billing forms • Incident reports

  26. Sources or PHI • Personal notes • Videotapes • Internet pictures • Conversations

  27. Sources or PHI • Hospital records • Transfer paperwork • Ambulance certification letters • Any others???????

  28. There are the three times you can divulge PHI without the patient’s authorization.

  29. Treatment • Payment • Health Care Operations (like QA)

  30. Scenarios….

  31. OK……… You are the supervisor today.

  32. You are on a call when a first-responder asks you for information to complete their run sheet. Can you give them PHI?

  33. Yes? or No?

  34. Yes……. You absolutely can give them this information. It is permissible because they aided in the TREATMENT.

  35. You are at the scene of a car crash when a police officer stops directing traffic to ask if the patient is “drunk”. Can you give the information?

  36. Yes? or No?

  37. Well actually there are two problems here. One is that the patient’s medical condition is confidential. What is the other?

  38. The other is that you can’t call the patient “drunk” without a legal test.

  39. You are on a call where you suspect a child has been abused. Can you report that to anyone?

  40. Yes? or No?

  41. Yes……. • KRS 620.030 - 620.050 requires you to report it.

  42. You have completed your patient care report (that has NO patient identifiers on it). Do you have to physically secure that form?

  43. Yes? or No?

  44. Yes……. That is the policy of the program and it just makes good sense!

  45. You are at a hospital to pick up a patient for transfer. The staff says they cannot give you ANY information on the pt. because of HIPAA.

  46. They are: Right? or Wrong?

  47. The staff may think this is true but actually they can and SHOULD give any pertinent information to you.

  48. This includes face sheets and medical information that may be pertinent (like allergies and medications).

  49. You transported a cardiac patient to the ER. Your partner tells you to get the patient to “sign” the privacy notice …. It is required.

  50. Your partner is: Right? or Wrong?