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CNA-NIC F25 CH 2.11
Explain HIPAA and related Terms
| Question | Answer |
|---|---|
| what is one of the most important parts of a nursing assistants job | keep resident information confidential |
| staff members will learn residents health information from | residents themselves, their families, and from their medical records |
| what other information will staff members sometimes learn from residents themselves, their families and from their medical records | a residents finances or relationships |
| what cannot be shared with anyone except other care team members who are directly involved with the residents care | health information, finances or relationships |
| what did congress pass | HIPAA |
| HIPAA is what acrynomn | Health Insurance Portability and Accountability Act (hhs.gov/hipaa) |
| when was HIPAA passed | 1996 |
| is HIPAA the same as when it originally was passed by congress in 1996 | no - it has been furthered defined and revised |
| what does HIPAA do | law sets standards for protecting the privacy of patients health information |
| how does HIPAA protect the privacy of patients health information | it identifies certain PROTECT HEALTH INFORMATION (PHI) that must remain confidential |
| besides confidentiality of health information why was HIPAA passed | to facility the transfer of PHI for payment and research needs |
| PROTECTED HEALTH INFORMATION | is information that can be used to identify a person and relates to the patients condition; any health care that the person has had; and payment for that health care |
| abbreviation for protected health information | PHI |
| PHI includes what specific info | patients name, address, telephone number, medical record, social security number, email address, and other informatoin |
| how must PHI information be maintained | must remain secure at all times, both inside and outside of the facility |
| what must healthcare organizations do to protect health information | take special steps - only people who must have information to give care, or to process records can have access to this information |
| abbreviation for health information technology for economic and clinic health act | HITECH |
| when did HITECT become a law | end of 2009 |
| what was HITECT enacted as part of | the American Recovery and Reinvestment Act |
| is HITECT the same as when it passed in 2009 | no - it has been revised since then |
| what was HITECH created for | to expand the protection and security of consumers ELECTRONIC HEALTH RECORDS (EHR) |
| abbreviation for ELECTRONIC HEALTH RECORDS | EHR |
| what does HITECH accomplish | increases civil and criminal penalties for unauthorized sharing or access of PHI and expands the ability to enforce these penalties |
| How does HITECH promote organizations to adopt the use of EHR | offers incentives |
| HIPAA applies to what healthcare providers | all healthcare providers : including doctors, nurses, nursing assistants, and any other members of the care team |
| what must nursing assistants do to enforce HIPAA | Nursing assistants must never share any protected information with anyone who is not directly involved in a residents care unless the resident gives official consent or unless the law requires it. |
| describe how to respond in the situation where a friend is asking an NA about a residents condition. what is the correct response? | I cannot share that information. It is confidential |
| who can share health information | only people who have a legal reason to know about the resident (members of the care team involved in the residents care) |
| Protecting Privacy Guideline #1: | Do not give health information on the phone unless you know you are speaking with an approved staff member |
| Protecting Privacy Guideline #2: | Do not give any personal information to any visitors, no matter who they are |
| Protecting Privacy Guideline #3 | Never share a medical record with anyone other than a staff member directly involved in the residents care |
| Protecting Privacy Guideline #14 | Do not discuss residents in any public area, such as the dining room/cafeteria, an elevator, a restaurant, a store, or a waiting room. Use private areas at the facility to give reports. |
| Protecting Privacy Guideline #5 | Do not bring your family or friends to the facility to meet residents |
| Protecting Privacy Guideline #6 | Make sure fax numbers are correct before faxing healthcare information. Use a cover sheet with a confidentiality statement and call to confirm receipt of the fax |
| Protecting Privacy Guideline #7 | Return paper charts to their proper place after use. Hand charts directly to team members if transferring a resident to another unit or for a test |
| Protecting Privacy Guideline #8 | Dispose of personal notes regarding resident care (notes taken during care reports) prior to leaving work for the day. They may need to be shredded or put in a special area. Follow facility policy |
| Protecting Privacy Guideline #9 | When finished with any computer work, log out and exit the web browser. Do not share your personal passwords with others |
| Protecting Privacy Guideline #10 | Do not give confidential information in emails. you do not know who has access to your messages |
| Protecting Privacy Guideline #11 | do not share resident information, photos, or videos on any social networking site (Instagram , Twitter, or TikTok) |
| Protecting Privacy Guideline #12 | Do not take photos of residents and share them via phone, email, social networking sites or other websites. |
| Protecting Privacy Guideline #13 | Give any documents you find with a residents information to the nurse |
| what may not be allowed while at work | using personal phones to access social media apps or websites |
| what should NAs do regarding phones | follow facilities policy regarding phone use |
| what can never be shared on any platform (includes instagram, youtube, snapchat, pinterest, twitter, tiktok) | resident photos, age, location , background or any other personal information |
| if an NA has questions regarding apps or websites that are appropriate to access while at work they should | talk to their supervisor |
| what are the consequences of workers who violate HIPAA | there are serious penalties for healthcare workers who violate HIPAA Regulations. - team members may have to pay a fine and can be sentenced to prison. |
| what is a legal and ethical obligation | maintaining confidentiality |
| what must all healthcare workers follow | HIPAA regulations |
| what are facilities legally required to | assure full visual privacy for residents |
| what does full visual privacy mean | each resident must be able to completely withdraw from public view while they are in their beds |
| how can full visual privacy be achieved | can be accomplished with a moveable privacy screen or curtain or with a private room |
| INVASION OF PRIVACY | legal term means violating a persons right to be left alone or exposing information about that person without his consent |
| examples of invasion of privacy | releasing private facts (medical records, or even a photograph) without the persons consent |
| describe a situation in which a caregiver could be charged with invasion of privacy | if the caregiver released medication information about a resident to the media |
| what can be considered an invasion of privacy | discussing a residents care or personal affairs with anyone other than care team members |
| invasion of privacy | violates the law |
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