If you’re in healthcare, you know that HIPAA is kind of your middle name at this point. What most people don’t realize, however, is that there are actually two separate parts to the HIPAA rules - the Security Rule and the Privacy Rule - and they serve two very different purposes. The Security Rule deals with physical protection and technical safeguards to protect health information from unauthorized use or disclosure. The Privacy Rule deals with notices and consent, uses and disclosures, access and individuals’ rights with respect to their health information.
What is the difference between HIPAA Security Rule and Privacy Policies?
The HIPAA Security Rule mainly focuses on protecting patient information in electronic form, but it also addresses paper records as well. It protects data from being lost or stolen through physical, administrative, and technical safeguards; establishes accountability to ensure these safeguards are implemented correctly; and requires a system of monitoring to test these safeguards regularly. The HIPAA Privacy Policies generally address how health care providers manage paper records but could apply to some extent to electronic forms of communication.
When do I need a Business Associate Agreement (BAA)?
If you work with a vendor or an outside business that touches your protected health information (PHI), you may need to sign a Business Associate Agreement (BAA). This is part of HIPAA, which gives patients control over their medical data. A BAA specifies who can have access to your PHI, what it can be used for, how it will be secured, and what type of training employees at both companies need. The good news is that healthcare experts help you write these agreements so you don’t have to spend time learning how to protect yourself against security breaches. HIPAA also includes patient rights regarding their medical records.
What is Protected Health Information (PHI)?
HIPAA protects PHI by setting out national standards for healthcare privacy and security. HIPAA also defines circumstances under which a covered entity can use or disclose protected health information without a patient’s written authorization. The privacy rule establishes rights for individuals over their protected health information (PHI) and how that information may be used or disclosed. To help protect these rights, covered entities must abide by specific rules when using or disclosing an individual’s PHI.
What are common examples of violating privacy policies in healthcare organizations?
The HIPAA Privacy Policy is a compliance requirement for healthcare organizations under HIPAA. It details what kind of patient information can be shared with whom and when, whether via written form or electronically. The penalties for violations can be steep, so understanding what you can share is critical to avoiding fines, investigations and bad publicity. Just as critical is a general knowledge of how to create an effective privacy policy. Let’s compare two main elements that go into creating your HIPAA privacy policy: Regulatory guidelines versus customer service values. The former are standards set by HIPAA and enforced by federal agencies. Violations could mean hefty fines—$100 per violation up to $50,000 per year—and it may also result in termination of employment. As such, it pays to understand these rules thoroughly before setting out on writing your own privacy policy. Customer service values are more flexible; they stem from your organization’s mission statement and reflect what you believe is right. They aren’t necessarily enforceable but should still reflect your organization’s core beliefs. For example, if one of your company's core beliefs is honesty above all else, then honesty should be reflected in every facet of your privacy policy.
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