Laserfiche WebLink
all individual health information that is maintained or transmitted. However, the Electronic Signature <br />standard applies only to the transactions adopted under HIPAA. <br /> <br />The Security Standard does not require specific technologies to be used; solutions will vary from business <br />to business, depending on the needs and technologies in place. Also, no transactions adopted under <br />HIPAA currently require an electronic signature. <br /> <br />IV. PRIVACY AND CONFIDENTIALITY <br /> <br />The Final Rule for Privacy was published just as President Clinton was leaving office, on December 28, <br />2001. A paperwork glitch delayed notification of Congress, so the Congressional Review period didn't <br />begin until February, pushing the effective date of the rule until April 14, 2001. DHHS Secretary Tommy <br />Thompson used the time to solicit additional comments during March. DHHS received over 11,000 <br />comments and plans to issue guidelines and clarification of the final rule in response. Compliance will be <br />required on April 14, 2003 for most covered entities. <br /> <br />In general, privacy is about who has the right to access personally identifiable health information. The rule <br />covers all individually identifiable health information in the hands of covered entities, regardless of <br />whether the information is or has been in electronic form. <br /> <br />The Privacy standards: <br /> <br />· limit the non-consensual use and release of private health information; <br />· give patients new rights to access their medical records and to know who else has accessed <br /> them; <br />· restrict most disclosure of health information to the minimum needed for the intended purpose; <br />· establish new criminal and civil sanctions for improper use or disclosure; <br />· establish new requirements for access to records by researchers and others. <br /> <br />The new regulation reflects the five basic principles outlined at that time: <br /> <br />· Consumer Control: The regulation provides consumers with critical new rights to control the <br /> release of their medical information <br />· Boundaries: With few exceptions, an individual's health care information should be used for <br /> health purposes only, including treatment and payment. <br />· Accountability: Under HIPAA, for the first time, there will be specific federal penalties if a <br /> patient's right to privacy is violated. <br />· Public Responsibility: The new standards reflect the need to balance privacy protections with <br /> the public responsibility to support such national priorities as protecting public health, conducting <br /> medical research, improving the quality of care, and fighting health care fraud and abuse. <br />· Security: It is the responsibility of organizations that are entrusted with health information to <br /> protect it against deliberate or inadvertent misuse or disclosure. <br /> <br /> HIPAAdvisory.com <br /> Phoenix Health Systems <br />Copyright 2000-2002. All rights reserved. <br /> <br /> <br />