Security Rule - ✔✔ correct answer establishes national standards to protect individuals' electronic
personal health information that is created, received, used, or maintained by a covered entity
What is another name for the Security Rule? - ✔✔ correct answer The Security Standards for the
Protection of Electronic Protected Health Information
Who enforces the Security Rule? - ✔✔ correct answer the Office for Civil Rights (OCR)
Who does the Security Rule apply to? - ✔✔ correct answer health plans, health care clearinghouses,
and to any health care provider who transmits HI in electronic form in connection with a transaction
for which the Secretary of HHS has adopted standards under HIPAA (the CEs) and to their BAs
Administrative Safeguards provision in the Security Rule - ✔✔ correct answer requires covered
entities to perform risk analysis as part of their security management processes
Administrative safeguard examples - ✔✔ correct answer security management process, security
personnel, information access management, workforce training and management, and evaluation
Physical safeguard examples - ✔✔ correct answer facility access and control, and workstation and
device security
Technical safeguard examples - ✔✔ correct answer access control, audit controls, integrity controls,
and transmission security
Minimum Necessary standard - ✔✔ correct answer practice that protected health information
should not be used or disclosed when it is not necessary to satisfy a particular purpose or carry out a
function
Can an entire medical record be disclosed? - ✔✔ correct answer A CE may not use, disclose, or
request the entire medical record for a particular purpose, unless it can specifically justify the whole
record as the amount reasonably needed for the purpose
Final Omnibus Rule - ✔✔ correct answer implements a number of provisions of the HITECH Act,
enacted as part of the American Recovery and Reinvestment Act of 2009, to strengthen the privacy
and security protections for health information established under HIPAA
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The four final rules of the Omnibus Rule - ✔✔ correct answer modifications to the HIPAA Privacy,
Security, and Enforcement Rules mandated by the HITECH Act, and certain other modifications to
improve the Rules
adopting changes to the HIPAA Enforcement Rule to incorporate the increased and tiered civil
penalty structure provided by the HITECH Act
Breach Notification for Unsecured PHI under the HITECH Act, which replaces the breach notification
rule's ''harm'' threshold with a more objective standard
modifying the HIPAA Privacy Rule as required by the Genetic Information Nondiscrimination Act
(GINA) to prohibit most health plans from using or disclosing genetic information for underwriting
purposes
What must happen before a provider can respond to a subpoena? - ✔✔ correct answer the provider
must receive satisfactory assurance from the requesting party that reasonable efforts have been
made by the requesting party to ensure that the patient who is the subject of the PHI has been given
notice of the request
When can a disclosure of pHI in response to a subpoena occur? - ✔✔ correct answer The
information may be disclosed if the subpoena is accompanied by a proper written authorization. The
authorization form must include all of the elements described in HIPAA's authorization rule and must
be signed by the appropriate person (the patient himself, or the patient's personal representative)
The information may be disclosed without the individual's authorization if it is accompanied by a
court order for the information
The information may be disclosed without the individual's authorization or a court order if written
notice that the information has been subpoenaed is given to the individual who is the subject of the
PHI, or if a qualified protective order is obtained from a court
What are the three responses a health department can give to a subpoena? - ✔✔ correct answer Ask
the department's attorney to formally challenge the subpoena. The attorney may file a motion to
quash the subpoena, or to modify the subpoena
Ask the department's attorney to informally request that the party who issued the subpoena excuse
the department from the subpoena's requirements
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Comply with the subpoena by appearing at the place and time designated in the subpoena along
with any records requested by the subpoena. The person who appears should not testify about
confidential health information or release confidential records until the provisions of both HIPAA and
state law have been satisfied (judge order or written, compliant authorization)
Quash period - ✔✔ correct answer time frame between the issue date of the subpoena and when
the records are due to be produced, allows the opposing counsel to object to the records being
fulfilled
Risk management - ✔✔ correct answer includes the implementation of security measures to reduce
risk to reasonable and appropriate levels to, among other things, ensure the confidentiality,
availability and integrity of ePHI, protect against any reasonably anticipated threats or hazards to the
security or integrity of ePHI, and protect against any reasonably anticipated uses or disclosures of
ePHI that are not permitted or required under the HIPAA Privacy Rule
State versus Federal regulations - ✔✔ correct answer Always choose the most stringent of the two
between state and federal regulations regarding to releasing medical records
21st Century Cures Act (21CCA) - ✔✔ correct answer ade sharing electronic health information the
expected norm in health care by authorizing the Secretary of HHS to identify reasonable and
necessary activities that do not constitute information blocking
ONC Cures Act Proposed Rule - ✔✔ correct answer a request for information regarding potential
disincentives for health care providers that have committed information blocking and asked whether
modifying disincentives already available under existing Department programs and regulations would
provide for more effective deterrence
ONC Cures Act Final Rule - ✔✔ correct answer finalized 8 definitions that are necessary to
implement the statutory information blocking provision, including definitions related to the four
classes of individuals and entities covered by the statutory information blocking provision: health
care providers, health IT developers, health IT networks, and health IT exchanges
Officer of Inspector General (OIG) - ✔✔ correct answer has authority to investigate claims of possible
information blocking across all types of actors: health care providers, health information networks
and health information exchanges, and health IT developers of certified health IT
8 exceptions to information blocking - ✔✔ correct answer preventing harm exception