Criminal Intent - Hipaa in a "Nutshell" - Guidelines for Emr and Paper healing Records yielding
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There are two Hipaa rules requirements; privacy (2003) and protection (2005). Both rules require:
-Identifying inherent threats,
-Assessing definite vulnerabilities,
-Determining acceptable and inexpensive safeguards and
-Implementing the significant defense mechanisms and policies.
Using an Emr (electronic medical record) has no absolute right and wrongs in either computer tool or software for Hipaa compliance. Usually there are four areas to examine:
-Physical protection – can your computers with inpatient data be stolen?
-User protection - can any person log on to the inpatient database?
-System protection – what happens on a hard drive crash?
-Network protection – can unauthorized persons face your premise passage inpatient data?
Using paper medical records begs similar questions:
-Physical protection – how obtain are the files from fire and theft?
-User protection - what passage controls and logging is there?
-System protection – what happens in a fire or flood?
-Storage passage – are the files in a locked, obtain area?
There are Hipaa penalties
The civil monetary penalty is up to 0 per man article per violation and up to ,000 per year total for the same type of violation. There is 30 days to exact the qoute if it is not through willful neglect.
The criminal penalties are for “misuse” and for obtaining or using condition facts by “false pretenses” or with the intent to sell, transfer or use it for industrial advantage, personal gain or malicious harm. These penalties are up to 0,000 and five years in jail.
Currently there is no real productive compulsion body.
Hipaa yielding "thumb rules"
With an Emr most of the requirements are tasteless sense and providers do not need to be overly involved but do wish some basic steps like:
-Put your computer server in a obtain room, locked,
-Use an Emr with user management and permissions,
-Make quarterly back-ups and store them in a obtain place and
-Employ a computer specialist.
Most medical practices and clinics using paper records need to make corporeal changes to be Hippa compliant. If you continue to use paper then there are a myriad of corporeal complexities to consider:
-How to monitor staff access,
-Fire and flood protection (insurance is not enough)
-A disaster plan (that has been documented and practiced.)
Finally, if there is a legal case brought forward a victualer to protect themselves should have a trail of how the patient's individual facts was accessed. For paper records this means at a minimum a monitored sign out sheet and for an Emr user logging of inpatient file access.
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