In: Nursing
As a Medical Office Assistant, you will collect and have access to personal health information. You have the responsibility (by law) to protect a patient’s privacy by safe-guarding this information and maintaining confidentiality.
Research the federal and provincial laws that protect health information and consequences for privacy breeches.
In your post, be sure to include the following:
a brief description of the applicable laws in your region (province) Alberta
a brief description of the consequences of privacy breaches
how you will protect patient information
Privacy addresses the question of who has access to personal information and under what conditions. Privacy is concerned with the collection, storage, and use of personal information, and examines whether data can be collected in the first place, as well as the justifications, if any, under which data collected for one purpose can be used for another (secondary)2 purpose. An important issue in privacy analysis is whether the individual has authorized particular uses of his or her personal information.
Confidentiality safeguards information that is gathered in the context of an intimate relationship. It addresses the issue of how to keep information exchanged in that relationship from being disclosed to third parties . Confidentiality, for example, prevents physicians from disclosing information shared with them by a patient in the course of a physician–patient relationship. Unauthorized or inadvertent disclosures of data gained as part of an intimate relationship are breaches of confidentiality .
Security can be defined as “the procedural and technical
measures required
(a) to prevent unauthorized access, modification, use, and
dissemination of data stored or processed in a computer
system,
(b) to prevent any deliberate denial of service
(c) to protect the system in its entirety from physical harm” .
Security helps keep health records safe from unauthorized use. When
someone hacks into a computer system, there is a breach of security
(and also potentially, a breach of confidentiality). No security
measure, however, can prevent invasion of privacy by those who have
authority to access the record.
The more common view is that privacy is valuable because it
facilitates or promotes other fundamental values, including ideals
of personhood such as:
Personal autonomy (the ability to make personal decisions)
Individuality
Respect
Dignity and worth as human beings
APPLICABLE LAWS IN ALBERTA(CAN COLLABORATE AND FOLLOW THE
LOWS)
The HIPAA Security Rule
The most comprehensive law passed is the Health Insurance
Portability and Accountability Act of 1996 (HIPAA), which was later
revised after the Final Omnibus Rule in 2013. HIPAA provides a
federal minimum standard for medical privacy, sets standards for
uses and disclosures of protected health information (PHI), and
provides civil and criminal penalties for violations.
Prior to HIPAA, only certain groups of people were protected under
medical laws such as individuals with HIV or those who received
Medicare aid.[36] HIPAA provides protection of health information
and supplements additional state and federal laws; yet it should be
understood that the law's goal is to balance public health
benefits, safety, and research while protecting the medical
information of individuals. Yet many times, privacy is compromised
for the benefits of the research and public health.
According to HIPAA, the covered entities that must follow the law's
set mandates are health plans, health care clearinghouses, and
health care providers that electronically transmit PHI. Business
associates of these covered entities are also subject to HIPAA's
rules and regulations.
The Oregon Genetic Privacy Act (GPA) states that “an individual’s
genetic information is the property of the individual”.
Since 1995, Oregon has laws to protect the privacy of personal
genetic information and prevent misuse of genetic information in
clinical, research, employment, and insurance settings. While a
number of states currently have such a law, Oregon was one of the
first. The law is continually being evaluated to assure that it
meets the goals of assuring privacy, preventing misuse of genetic
information, and keeping the legal environment amenable for genetic
research and genetic health services in the state.
The Oregon Genetic Privacy Laws (OGPLs) help protect your genetic
information. These laws also look to prevent the misuse of genetic
information.
Federal Laws
There are also federal laws that help protect your genetic
information. These laws also look to prevent the misuse of genetic
information.
The Genetic Information Nondiscrimination Act (GINA) is a
federal law that makes it illegal for the following to discriminate
against an individual based on their genetic information, including
family history:
Health insurance companies
Group health plans
Employers of more than 15 employees
The Americans with Disabilities Act of 1990 (ADA) is a federal law
that makes it illegal to discrimination against a person:
Who is regarded as having a disability
With symptomatic genetic disabilities
With a genetic predisposition
The Affordable Care Act (ACA) is a federal law that establishes
“guaranteed issue,” meaning:
Issuers offering insurance in either the group or individual market
must provide coverage for all individuals who request it.
Issuers of health insurance are prohibited from discriminating
against patients with genetic diseases by refusing coverage because
of pre-existing conditions.
Certain health insurers may only vary premiums based on a few
specified factors such as age or geographic area, thereby
prohibiting the adjustment of premiums because of medical
conditions, including genetic diseases.
Confidentiality of Medical Information Act (CMIA)
The Confidentiality of Medical Information Act (CMIA) is a state
law that adds to the federal protection of personal medical records
under the Health Information Portability and Accountability Act
(HIPAA). CMIA protects the confidentiality of individually
identifiable medical information obtained by a health care provider
and includes the following:
CMIA prohibits a health care provider, health care service plan, or
contractor from disclosing medical information regarding a patient,
enrollee, or subscriber without first obtaining an authorization,
except as specified.
CMIA requires a health care provider, health care service plan,
pharmaceutical company, or contractor who creates, maintains,
preserves, stores, abandons, destroys, or disposes of medical
records to do so in a manner that preserves the confidentiality of
the information contained within those records.
CMIA defines “medical information” to mean any individually
identifiable information, in electronic or physical form, in
possession of or derived from a provider of health care, health
care service plan, pharmaceutical company, or contractor regarding
a patient’s medical history, mental or physical condition, or
treatment. “Individually identifiable” means that the medical
information includes or contains any element of personal
identifying information sufficient to allow identification of the
individual, such as the patient’s name, address, electronic mail
address, telephone number, or social security number, or other
information that reveals the individual’s identity.
Any individual may bring an action against any person or entity
that has negligently released confidential information or records,
for either or both nominal damages of $1,000 and the amount of
actual damages, if any, sustained by the patient. It shall not be
necessary to prove that the plaintiff suffered or was threatened
with actual damages to recovery nominal damages.
Any person or entity who knowingly and willfully obtains,
discloses, or uses medical information in violation of CMIA shall
be liable for an administrative fine not to exceed $2,500 per
violation.*
Genetic Information Nondiscrimination Act of 2008 (GINA)
The Genetic Information Nondiscrimination Act of 2008 enacted May
21, 2008, is an Act of Congress in the United States designed to
prohibit some types of genetic discrimination. The act bars the use
of genetic information in health insurance and employment: it
prohibits group health plans and health insurers from denying
coverage to a healthy individual or charging that person higher
premiums based solely on a genetic predisposition to developing a
disease in the future, and it bars employers from using
individuals' genetic information when making hiring, firing, job
placement, or promotion decisions.Senator Ted Kennedy called it the
"first major new civil rights bill of the new century.The Act
contains amendments to the Employee Retirement Income Security Act
of 1974 and the Internal Revenue Code of 1986
POTENTIAL TECHNICAL APPROACHES TO HEALTH DATA PRIVACY AND
SECURITY
1) Privacy-preserving data mining and statistical disclosure
limitation.
2) Personal electronic health record devices.
3) Independent consent management tools.
4) Pseudonymization
As a medical office assistant ,Protecting patient information is
very important.You can follow the below datas.
Data encryption. Implement data encryption on your computers,
laptops, tablets, and smartphones. Data encryption makes
information unreadable on these devices by unauthorized persons
(ie, someone who stole your laptop). It also provides safe harbor
under the HITECH Act and state breach notification laws. This means
that the data are considered secure; as such, the requirement to
notify individuals is eliminated. You can buy data encryption
software at your local computer store.
Secure email. Email services are available that provide encrypted
transmission and other protections to ensure security and
regulatory compliance. Free email tools are available that provide
adequate privacy and security controls and protect your email from
being intercepted and read without your or your patient’s
authorization.
Privacy policy. Implement a privacy policy not to accept patient
information over the Web or by unsecured email. Have a written
policy that you and your staff adhere to specific electronic
transmission of patient information. While this may not stop all of
your patients from sending you information in this way, it makes it
clear that you do not want to receive it in this form.
Security assessment. Perform a security assessment and determine
where your patient information lives. The HITECH Act requires an
annual security assessment to determine vulnerabilities in your
security of patient information. This assessment should also help
you understand where your office stores patient information today
and how it is shared or transmitted to other providers, payers, and
your patients. Many breaches occur because physicians do not know
where these data are kept and how the information flows to others
in day-to-day practice.
Data breach insurance. A new insurance product has emerged over the
past few years to mitigate the financial cost of a breach of
patient information. It covers the majority of costs associated
with responding to a breach-including computer forensics
investigation, consumer notification, legal advice, identity theft
monitoring, and victim restoration services. Talk to your insurance
professional to understand your options and obtain a policy that is
right for your practice.
What to do if you discover a data breach
Now that you have taken reasonable steps to protect patient
information, let’s talk about what you do if you discover a data
breach. Let me start by highlighting a few examples that might
alert you that a data breach has occurred.
• You walk into your office in the morning and your office
assistant tells you that someone has stolen all the computers and
backup drives.
• You are sitting on an airplane getting ready to fly home from a
conference and suddenly realize you forgot your smartphone in the
taxi…or was it the restaurant?
• You return to your car after attending to several patients at
your clinic and realize your car has been broken into and your
backpack containing paper-based patient files is missing.
• Your home computer with patient records is displaying a flashing
message telling you it has been taken over by a virus and all of
the files have been forwarded to everyone in your electronic
address book.
If you find yourself facing any of these scenarios, this doesn’t
necessarily mean you have a data breach situation. If your patient
information was encrypted and you implemented the suggestions
outlined above, your patient information is secure and would not
trigger federal or state data breach notification laws. However,
read on for suggestions if this was not the case.
Determine what the laws are. Call your attorney to determine
whether there are federal or state data breach notification laws
that apply to the situation. The circumstances of each data breach
are unique, and the laws that apply are evolving. Your attorney can
determine the specific laws that apply and provide legal advice on
how to comply.
Determine what data were lost. Engage a computer forensics expert
to determine what data were lost or stolen and whether there is a
potential for misuse. It is important to first understand whether
there was patient information on the affected device. This is
easier said than done, because in many cases you may not know what
information was on your device. Patient information may have been
in a spreadsheet or document or an insurance claim file. A
forensics expert may also be able to determine whether any of the
information was accessed and who accessed the information. You may
be able to confirm that there were no patient data on the device or
that no one accessed it, which reduces the risk of it being
misused.
Deploy a breach response team. This is the group of professionals
whom you designate to manage the response to the data breach. It
includes your attorney, forensics expert, office manager, and
others who can provide an effective response so that you can remain
productive in your practice. The response team provides crisis
management and manages all of the vendors who help with consumer
notification; call center services; and identity protection
services that mitigate the regulatory, reputational, legal, and
other risks of a data breach. You can engage an organization that
manages this process if these resources are not available to you or
your practice. It is best to engage such an organization before a
breach and to get an agreement for services.
Notify affected patients and the appropriate regulatory agencies.
This step is the foundation for both federal and state compliance
with the breach notification provisions of the various laws. It
helps the patients affected by a breach take action to protect
themselves from identity theft and other forms of health care
fraud. If the breach involved 500 or more records, you will be
required to notify Health and Human Services (HHS) and in some
cases local media concurrently. Many organizations also notify the
state attorneys general and insurance commissioners where affected
individuals live. Expect the HHS Office for Civil Rights to
initiate an investigation of a breach of more than 500 records and
be prepared to show the steps your practice had taken to protect
patient information and to close security gaps that caused the
breach.