Hipaa Policy

The Department of Health and Human Services (HHS) lists the 18 HIPAA identifiers as follows:

Patient names, contacts and emergency contacts

Geographical elements (such as a street address, city, county, or zip code)

Dates related to the health or identity of individuals (including birthdates, date of admission, date of discharge, date

of death, or exact age of a patient older than 89)

Telephone numbers

Fax numbers

Email addresses

Social security numbers

Medical record numbers

Health insurance beneficiary numbers

Account numbers

Certificate/license numbers

Vehicle identifiers

Device attributes or serial numbers

Digital identifiers, such as website URLs

IP addresses

Biometric elements, including finger, retinal, and voiceprints

Full face photographic images

Other identifying numbers or codes

18 HIPAA Identifiers and the HIPAA Privacy Rule

The HIPAA Privacy Rule established standards for the use and disclosure of PHI. The law requires organizations to

adopt the “minimum necessary rule” which states that covered entities must take reasonable steps to limit the use and

disclosure of PHI. As such CEs must access only the information necessary to accomplish their intended purpose.

The HIPAA Privacy Rule also lays out patient rights in regards to their PHI.

Notice of Privacy Practices (NPP): must be given to patients upon intake. It must be written in a clear manner that

patients can easily understand. An NPP describes patient rights in terms of the 18 HIPAA unique identifiers. An NPP

also explains what a covered entity (CE) may or may not do with PHI.

Request Access to Medical Records: patients have the right to request their medical records. Patients must fill out

an authorization form to do so.

Request an Amendment to Medical Records: the HIPAA Privacy Rule mandates that patients have the right to

request an amendment of PHI when they believe there has been an error on their record. It is up to the discretion of

the covered entity (CE) to determine if the record is accurate.

Request Special Privacy Protection for PHI: patients have the right to restrict the disclosure of PHI. However,

CEs are not required to agree to the request.

Parents Access to Minor’s Medical Records: in most cases a parent or legal guardian can access a minor’s medical

records. The HHS provides examples for situations in which parents cannot access a minor’s medical records.

The minor consents to care where parental consent is not required

A court decides that a minor must receive care

A parent agrees that the minor and covered entity have a confidential relationship

18 HIPAA Identifiers and the HIPAA Security Rule

The HIPAA Security Rule mandates that protected health information (PHI) is secured in the form of administrative,

physical, and technical safeguards. As part of the HIPAA Security Rule, organizations must have standards for the

confidentiality, integrity, and availability of PHI.

Confidentiality: PHI may not be disclosed without prior patient authorization

Integrity: PHI that is transmitted or maintained must only be accessed by those who need access to perform job

functions

Availability: organizations and patients must be able to easily access PHI

What is PHI in Healthcare?

doctor taking notes on patient in patient chart which is what PHI stands for - what is phi

PHI is individually identifiable health information protected by the Health Insurance Portability and Accountability

Act (HIPAA). PHI relates to the contents of a patient’s health record—charts, lab results, health history, and more—

as well as personal information identifiable to them.

Information is considered PHI if it’s created, used, or disclosed by a HIPAA-covered entity in the course of

providing care to an individual. This includes using the information for healthcare payment processing, invoicing,

and payment posting.

What does PHI stand for?

PHI stands for “protected health information.” Many people may think PHI stands for “personal health information,”

but it does not since HIPAA deems certain kinds of health information protected by law.

In order for health data to be considered PHI, and for it to be regulated by HIPAA, it needs to be:

Information that is personally identifiable

Used or disclosed to a HIPAA-covered entity during the course of care

Protected Health Information Examples

So, what is PHI by HIPAA regulations?

Examples of protected health information include:

Films

Charts

Paper records

Medications

EHR/EMRs

lab test results

An MRI scan

Blood test results

Health histories

Diagnoses

Treatment information

Insurance information

Allergies

The types of personal information covered include:

Unique identifiers

Demographic information

Billing information

Emails to your doctor’s office

Prescription refill information

Appointment scheduling

Phone records

Protected health information includes:

HIPAA-covered entities are only permitted to share a patient’s PHI for the purposes of treatment (or other healthcare

operations). To do so, the entity must first obtain authorization.

As a rule of thumb, any information relating to a person’s health becomes PHI. This often means that all email

records, lab results, and bills make up PHI. Note that a verbal conversation or recording that includes any identifying

information is also considered PHI.

The Difference Between Protected Health Information and Consumer Health Information

For some developers, determining whether an application collects PHI is critical to determining if HIPAA

compliance requirements need to be met. So, how do you know if you’re dealing with protected health information

or consumer health information?

Protected health information does not include

Some examples of data not considered PHI are:

Health information like steps in a pedometer, calories burned, etc.

Blood sugar readings (without usernames/PII)

Heart rate readings (without usernames/PII)

Biometric data collected on local devices only

Education records

Employment records

A HIPAA covered entity’s own employee records

The reason that health trackers and applications do not need to be HIPAA compliant is that they cannot, or do not,

transmit the data from the device to a HIPAA-covered entity.

However, if you wanted to share health information collected by a tracker with your doctor—many are able to do

this now—it would fall under HIPAA.

What is ePHI?

In our modern world, most of the patient information is stored, transmitted, and/or maintained in an electronic form

and is covered by HIPAA. Therefore, ePHI is simply protected health information stored electronically, either

locally or in the cloud. Any HIPAA information stored or transmitted via desktop, web, mobile, wearable, or other

technology such as email or text messages, is ePHI.

This includes individually identifiable health information created, maintained, or transmitted by mobile (mHealth)

and electronic (eHealth) devices. Therefore, when people talk about PHI today, they’re almost always referring to

ePHI records. People use these terms interchangeably.

Difference between PII, PHI and IIHI

There are a few differences in terms that are worth noting, however. For example, healthcare workers commonly

refer to PII and IHII. What do these terms mean?

doctor on the phone updating a patient's chart containing PHI

While PHI is an acronym of protected health information, PII is an acronym of “personally identifiable information.”

Personally identifiable information is also sometimes referred to as individually identifiable health information

(IIHI). This is any health information identifying the patient, whether or not protected by HIPAA.

Only when the two come together does it qualify as PHI. For example, when a health diagnosis—like high blood

pressure—also includes an identifier that links or can link the information back to a specific patient, it becomes

protected under HIPAA and is considered PHI/IIHI.

What Are Covered Entities Under HIPAA?

A HIPAA-covered entity is any provider of services related to the treatment, payment, and operations of the

healthcare industry. According to the U.S. Department of Health & Human Services (HHS), they include:

Healthcare Providers including doctor’s offices, dental offices, clinics, psychologists, nursing homes, pharmacies,

hospitals or home healthcare agencies

Healthcare Clearinghouses acting as the go-between for healthcare providers and insurance companies

Health Insurance Companies including HMOs, PPOs, Medicare, and Medicaid

Government programs that pay for healthcare

Healthcare plans, as well as employer plans and student healthcare plans

Healthcare Payment Providers

All covered entities using PHI as part of their patient care must be HIPAA compliant. Additionally, business

associates of covered entities also utilizing PHI must be HIPAA compliant.

Here are some examples of HIPAA-covered business associates that also need to comply with HIPAA

standards:

Data processing firms or software companies exposed to or using PHI

Medical equipment service companies handling equipment that holds PHI

Shredding and/or documentation storage companies

Consultants

Auditors

External auditors or accountants

Professional translation services

Answering services

Accreditation agencies

ePrescribing services

Medical transcription services

Attorneys

By comparison, these business associates are not covered:

The covered entity’s own employees/workforce

Contractors, associates, or utilities with limited exposure to records, such as a telephone company, plumber, etc.

Companies that act as a conduit for PHI, such as the postal service, UPS, private couriers, etc.

Protected Health Information Misconceptions

There are some enduring misconceptions about HIPAA and PHI on both the patient and the administrative

side of healthcare services that can cause confusion across the systems. Be aware that:

HIPAA doesn’t protect all healthcare information

There is no way to opt out of HIPAA compliance requirements

There is no “safe harbor” when it comes to HIPAA and PHI

Not signing a Business Associate Agreement doesn’t absolve you of the HIPAA-compliance provisions

Not every improper disclosure of PHI qualifies as a breach

A patient’s written statement to release data must adhere to certain requirements

HIPAA does not require retaining records for six years

Health information can be subject to state laws and/or employer restrictions outside of HIPAA

There is some confusion around PHI and information recorded in health such as heart rate data and the data include

personal identifiers. However, HIPAA doesn’t always cover the data collected by these apps and trackers.

PHI Healthcare Apps

Sometimes classified as business associates of HIPAA entities, application developers that collect or allow users to

input health data ride a fine line between covered and not covered by HIPAA. So, app developers need to evaluate

the types of information they collect very carefully.

If your application collects any PHI, whether by design or not, it must be HIPAA compliant. You cannot simply

declare that the intent wasn’t to collect or store PHI on the application. A HIPAA-hosting environment is one way to

ensure you’re meeting the physical safeguards of the law, but compliance also requires some technical, physical, and

administrative criteria as well [1].

Is the information collected by apps and wearable technology considered PHI?

Personal health information collected or stored by the manufacturer of a product or the developer of an app does not

constitute PHI. But, if a healthcare organization collects this same data, then it would become PHI.

Wearable devices with biometric feedback and/or health-tracking software that collect health information, but do not

plan on sharing it, do not need to be HIPAA compliant. However, the trend in mobile health data collection leans

toward the sharing of health data with health care providers, making it PHI by definition.

PHI and HIPAA

Why all the trouble and fuss? You may use someone’s personal health information against them in several ways.

Blackmail, cybercrime, black market meds, and identify theft could all result from data breaches caused by HIPAA

noncompliance.

Any suspected violation comes under careful scrutiny. The consequences are hefty fines.

How HIPAA compliance can help protect PHI data breaches

medical records containing protected health information

The cost of a data breach, as well as PHI leaking outside the organization for malicious and illegal purposes, can

devastate an organization. There’s no room for error or noncompliance. The responsibility lies with each

organization to accurately train their teams.

Regular training courses for healthcare teams are essential. Look to learning and development programs, exams and

certifications, and HIPAA’s training and exam courses.

When are you allowed to share HIPAA-covered information?

HIPAA’s strict policies and PHI’s “protected” status make it seem as if at no point PHI may be used, shared, or

transmitted. But it’s quite the contrary. In fact, you must legally divulge PHI when:

A patient requests access to their own information

The Department of Health and Human Services requests information in the case of an investigation

Used by a covered entity for its own operational purposes and business activities

A patient is infected or exposed to infectious disease, as required by the CDC [2]

De-identifying data

Analyzing data can result in incredibly useful findings, especially in healthcare. Should an organization wish to use

PHI for statistics, for example, they first need to de-identified the PHI. Meaning, the data used must have all

identifiers removed so that it can in no way link an individual. After that point, it’s no longer PHI, so it’s safe and

permissible to use.

Obtaining copies of PHI

The HIPAA Privacy Rule permits patients may obtain copies of PHI held by a covered entity by requesting copies

stored by the covered entity for the provision of treatment or payment of care [3]. This rule includes information held

and used to make decisions about a patient’s enrollment, payment, claims adjudication, or health plan management.

For the purposes of our office the safety and security of all clients any and all information contained within

the client’s chart as well as additional information mentioned above is considered to be covered under HIPPA

or subbranches of HIPPA law.






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