Medical Records Privacy Under HIPAA
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On April 14, 2003, sweeping new federal regulations took effect that were intended to protect the privacy of Americans' health records. These new regulations represented the most dramatic development in health care law compliance in 30 years! Ten years later, in January 2013, the U.S. Department of Health and Human Services published a set of four final rules—referred to as the Omnibus Rule—to strengthen the privacy protections established by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA” ). The regulations directly impact every American business that maintains health records, including hospitals, nursing homes, insurance companies, HMOs, medical and dental practices, and more.
Medical Records Privacy Under HIPAA is the one map you'll need to lead you through this confusing new maze of regulations. This treatise provides in-depth coverage of how these new regulations impact the way in which businesses maintain and disclose their health care records.
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Table of contents
CHAPTER 1: Health Insurance Portability and Accountability Act
CHAPTER 2: HIPAA Definitions
CHAPTER 3: Consent and Authorization
CHAPTER 4: When Disclosure Authorization Is Required
CHAPTER 5: Uses and Disclosures Requiring Opportunity to Agree or Object
CHAPTER 6: Uses and Disclosures for Which Opportunity to Agree or Object Is Not Required
CHAPTER 7: Miscellaneous Requirements Relating to Disclosure of Protected Health Information
CHAPTER 8: Notice of Privacy Practices
CHAPTER 9: Right to Request Privacy Protection
CHAPTER 10: Access of Individuals to Protected Information
CHAPTER 11: Amendment of Protected Information
CHAPTER 12: Accounting of Disclosures of Protected Information
CHAPTER 13: Administrative Requirements and Compliance Dates
CHAPTER 14: Particular Individual and Entity Disclosures
CHAPTER 15: Preemption
CHAPTER 16: Relationship Between Privacy Rule and Other Federal Laws
CHAPTER 17: Enforcement Provisions
CHAPTER 18: Requirements for Particular Organizations
CHAPTER 19: Transition Provisions
Appendix 1: HIPAA Administrative Simplification Provisions
Appendix 2: Privacy Rule as Amended August 14, 2002
Appendix 3: Privacy Rule as Adopted December 28, 2000
Appendix 4: Document Showing August 14, 2002 Amendments to December 28, 2000 Rule
Appendix 5: Preamble to December 28, 2000 Privacy Rule (1st half)
Appendix 5: Preamble to December 28, 2000 Privacy Rule (2nd half)
Appendix 6: Preamble Published with August 14, 2002 Amendments to December 28,2000 Privacy Rule
Appendix 7: November 3, 1999 Proposed Rule and Preamble
Appendix 8: September 1997 Recommendations of HHS to Congress on the Confidentiality of Individually‐Identifiable Health Information
Appendix 9: Delegation of Authority to Office for Civil Rights
Appendix 10: HHS December 2002 Guidance on Final Rule, Revised April 3, 2003
Appendix 10‐A: General Overview
Appendix 11: Covered Entity Charts
Appendix 12: Sample Business Associate Contract Provisions
Appendix 13: HOCR Health Information Privacy Complaint
Appendix 14: OCR Regional Addresses
Appendix 15: Protecting the Privacy of Patient Health Information
Appendix 16: Resource Guide for HIV Services Providers
Appendix 17: The Confidentiality of Alcohol and Drug Abuse Patient Records Regulation and the HIPAA Privacy Rule
Appendix 18: OSHA Interpretative Letter‐‐Injury and Illness Recording and Reporting Requirements
Appendix 19: HIPAA Enforcement Case Examples
Appendix 20: Health Information Technology
Appendix 21: OCR Privacy Brief‐‐Summary of the HIPAA Privacy Rule
Appendix 22: Forms
Appendix 23: HITECH Act
Appendix 24: HITECH Breach Notification Guidance
Appendix 25: HITECH Breach Notification for Unsecured Protected Health Information; Interim Final Rule
Appendix 26: Interim Enforcement Rule to Conform HIPAA with HITECH
Appendix 27: Modifications to the HIPAA Privacy, Security, and Enforcement Rules Under the HITECH Act
Appendix 28: Proposed Rules