all the healthcare organizations to have written policies and procedures about how HIPAA works (HHS.gov, n.d.). References: Dreyzehner, J. J. (n.d.). HIPAA: Health Insurance Portability and Accountability Act. Retrieved from HHS.gov. (n.d.). Health information privacy. Retrieved from Nass, S. J., Levit, L. A., & Gostin, L. O., 2009. Beyond the HIPAA Privacy rule: Enhancing privacy, improving health through research. Washington, DC: National Academies Press (US).
HITECH: Health Information technology for Economic & Clinical Health Act (HITECH Act) deals with a number of different issues related to electronic health records (EHR). It provides for financial incentives through Medicare and Medicaid programs to encourage physicians and hospitals to adopt and use certified electronic health records and it also establishes a Federal breach notification requirement for health information that is not encrypted. The Health Information Technology for Economic and Clinical Health (HITECH) Act, enacted as part of the American Recovery and Reinvestment Act of 2009 which was signed into law on February 17, 2009. This act was signed to encourage the adoption and significant use of health information technology. The HITECH Act addresses the privacy and security concerns associated with the electronic transmission of health information i.e. EHR (Electronic Health Records). It also act through several requirements that strengthen the civil and criminal enforcement of the HIPAA rules. The HITECH Act became effective on February 18, 2009. The HITECH enforces data breach notification requirements for unauthorized uses and disclosures of "unsecured PHI (Patient Health Information)." These notification requirements are similar to data breach laws from many other states related to personally identifiable financial information. The Act requires that patients to be notified of any unsecured breach. If a breach impacts large amount of people like 500 patients or more then HHS (Dept. of Health & Human Services) must also be notified. Notification will trigger posting the breaching entity's name on HHS' website. The Act also provides individuals with a right to obtain their PHI in an electronic format i.e. ePHI. An individual can also designate that a third party be the recipient of the ePHI. Most probably, all that needs to be done on a provider's part is to click on a few screens and transmit the necessary records. The HITECH Act of 2009 is the form of changes in the HIPAA and it expands enforcement and increased HIPAA penalties (HHS.gov). References: HHS.gov, (n.d.). HITECH Act enforcement Interim Final Rule. Retrieved from .html BOOK: Contemporary Issues in Healthcare Law and Ethics Chap: 6 Effect of Disclosure of information Nowadays, data and information is stored and transferred in form of electronic data on computers. This transmission and electronic storage of data increases the chances of improper disclosure of information. Patients do not want healthcare providers to disclose
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- Health Insurance Portability and Accountability Act, HIPAA privacy rule