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HIPPA Training

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HIPPA Training Verified 100% A covered entity must obtain an authorization for any use or disclosure of PHI for marketing purposes and must inform the individual if the covered entity will receive direct or indirect remuneration, subject to certain exceptions. - TRUE A covered entity must obtain an authorization for any use or disclosure of PHI for marketing purposes and must inform the individual if the covered entity will receive direct or indirect remuneration. Marketing does not include communications that encourage individuals to purchase or use a product or service if the communication: * Describes a health-related product or service included in the group health plan, including communications about entities participating in the provider network, replacement of or enhancements to the health plan, and health-related products or services available only to a health plan participant that adds value to, but are not part of the plan; * Is for treatment of the individual; or * Is for case management or care coordination for the individual, or to direct or recommend alternative treatments, therapies, health care providers, or settings of care to the individual. The HITECH Act clarifies that such activities will be considered a health care operation and will not require an authorization, only if the covered entity does not receive direct or indirect payment in exchange for making such communication, subject to limited exceptions. A covered entity can receive direct or indirect payment in exchange for a communication made (1) face-to-face by the covered entity to the individual, or (2) the communication consists of a promotional gift of nominal value provided by the covered entity. No authorization is needed for a communication that describes only a drug or biologic that is currently being prescribed for the recipient of the communication and any payment received by the covered entity is "reasonable in amount", which DHHS has limited to costs of labor, supplies and postage associated with making the communication. A group health plan must obtain the subject individual's valid authorization for which of the following activities: - Disclosing the subject individual's PHI for purposes of shopping for group term life and disability coverage on behalf of the employer. Accounting of PHI Disclosures. - An individual is entitled to a written accounting for all disclosures made during the prior six years of PHI about that individual. The six-year look-back applies only to information that arises after the plan's or other covered entity's date to begin complying with the privacy rules. There are exceptions to accounting for disclosures, such as to carry out treatment, payment and health care operations, and to individuals of protected health information that was subject to authorization. And, the covered entity is not required to account for subsequent disclosures by others that receive the information from the covered entity or its business associate. Amending Protected Information - An individual has a right to have protected health information changed. The covered entity must keep appropriate records of each such matter, and may refuse to make the change under certain circumstances, such as when the information was not created by the covered entity, would not be available for inspection, or is accurate and complete. The group health plan or other covered entity must generally respond to a request within 60 days. The covered entity is permitted to extend the response period by 30 days if it notifies the individual of the reasons for the delay and when the individual may expect to have a response. If the plan grants the request, it must follow through. If it denies the request, it must do so in writing giving the reason for denial, and explaining the individual's right to disagree in writing and to complain. An insurance broker has access to PHI held by a group health plan as the plan's business associate. Question: In the absence of a valid authorization from the subject individual, the broker may use and disclose PHI as the plan's Business Associate to: - A) Secure a quote for coverage under the group health plan.


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