Safe Harbor provisions under HIPAA

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1 HIPAA SAFE HARBOR PROVISIONS

“Every time patients visit medical facilities, they are always expecting quality care and confidentiality” (Murray, 2017). Many people are however capable of accessing the information of the patients as the technology is advancing at a very high speed. This makes it more challenging for medical providers to secure fully the confidentiality of the patients. This has therefore made HIPAA come in and address the concerns about the privacy of the patients. Organizations are therefore required taking reasonable precautions for securing PHI from unauthorized access, use or disclosure.

In the United States, HIPAA cares for the privacy of the data of the patients requiring the patient’s informed consent as well as the consent of the internal review board for using data for research functions. However, the requirement may be waived through the de-identification of data. The HIPAA Privacy Rule gives a mechanism to use and disclose health data responsibly without requiring patient consent.  2 THIS IS PART OF THE HIPAA PRIVACY RULE.  The privacy rule is used in limiting the possible uses as well as the disclosures of the protected health information (PHI). The safe harbor provision guides the providers on how to apply privacy rules.

3 THE PRIVACY RULE NECESSITATES THAT ANY IDENTIFIABLE HEALTH INFORMATION IS SECURED.  THE INFORMATION TO BE SECURED INCLUDES DEMOGRAPHIC DATA LIKE PHYSICAL, OR PAST MENTAL HEALTH, CURRENT AND UPCOMING, THE HEALTHCARE PROVIDED TO THE PATIENT, THE PAYMENTS MADE BY THE PATIENT AS WELL AS THE CURRENT OR FUTURE PROVISION OF THE HEALTHCARE.  4 SAFE HARBOR METHOD, THEREFORE, REMOVES PERSONALLY IDENTIFIABLE INFORMATION AND THEY LEAVE BEHIND A SET OF HEALTH STARTS WHICH CAN BE USED IN THE PUBLIC HEALTH WORKERS AND OTHER SITUATIONS REQUIRING STATISTICS.  3 THE PRIMARY GOAL IS MAKING IT EASIER KEEPING HEALTH INSURANCE, PROTECTING THE CONFIDENTIALITY AND THE INFORMATION ABOUT HEALTHCARE AND HELPING IN CONTROLLING ADMINISTRATIVE COSTS EFFECTIVELY.  5 “FOR INFORMATION TO BE CONSIDERED DE-IDENTIFIED IT HAS TO MEET THE REQUIREMENTS OF EITHER THE SAFE HARBOR OR EX-PERT DETERMINATION” (SOKOL, 2017).  3 THE MOST IMPORTANT CATEGORIES THAT SHOULD BE REMOVED INCLUDE NAMES, UNIQUE NUMBERS, NUMBERS OF VEHICLES, AND FAX NUMBERS AMONG OTHERS.  6 DATES DIRECTLY RELATED TO THE PATIENT SHOULD BE REMOVED.  This includes;  7 BIRTH DATES, DEATH DATES, DATES OF ADMISSION AND DISCHARGE DATES.  Geographic identifiers like cities and patients' unique records like fingerprints should also be removed.

Encryption is one of the methods that are used to achieve this goal. “Data encryption and secure key management provide data confidentiality and integrity”. (Li, & Qin, 2018). Any other measure which is capable of reasonably and appropriately implementing the required safeguards is allowed. Under the HIPAA security rule, Breach notification rule neither modifies responsibilities nor imposes new necessities of encrypting PHI. This, therefore, means that compliance officers are required to look beyond encryption and can use any other effective safe harbor strategy.

According to this rule, once the data has been de-identified, health information can be disclosed. This does not consider the de-identification method that has been used.  3 WHAT MATTERS IS THAT THE INFORMATION CAN NO LONGER BE CONSIDERED AS PROTECTED INFORMATION.  After the data de-identification, re-identification needs the allocation of a distinctive code for the setting of de-identified health information. Violation of this rule by organizations leads to dire consequences such as fines as well as the heavy cost of the data breach.

Bibliography:

Li, X., & Qin, J. (2018, January).  8 PROTECTING PRIVACY WHEN RELEASING SEARCH RESULTS FROM MEDICAL DOCUMENT DATA.  9 IN PROCEEDINGS OF THE 51ST HAWAII INTERNATIONAL CONFERENCE ON SYSTEM SCIENCES.

Murray, E. (2017). Nursing leadership and management: for patient safety and quality care. FA Davis.

Sokol, A. J. (2017).  3 CLINICAL RESEARCH AND DATA:  HIPAA, THE COMMON RULE, THE GENERAL DATA PROTECTION REGULATION, AND DATA REPOSITORIES.  MERRILL SERIES ON THE RESEARCH MISSION OF PUBLIC UNIVERSITIES.

Citations (9/9)

1. 1Another student's paper

2. 2https://en.wikipedia.org/wiki?curid=384064

3. 3Another student's paper

4. 4Another student's paper

5. 5Another student's paper

6. 6Another student's paper

7. 7Another student's paper

8. 8Another student's paper

9. 9ProQuest Document

Matched Text

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HIPAA SAFE HARBOR PROVISIONS

Source - Another student's paper

Safe Harbor provisions under HIPAA

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THIS IS PART OF THE HIPAA PRIVACY RULE

Source - https://en.wikipedia.org/wiki?curid=384064

of HIPAA Privacy Rule"

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THE PRIVACY RULE NECESSITATES THAT ANY IDENTIFIABLE HEALTH INFORMATION IS SECURED

Source - Another student's paper

The privacy rule necessitates that any identifiable health information is secured

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THE INFORMATION TO BE SECURED INCLUDES DEMOGRAPHIC DATA LIKE PHYSICAL, OR PAST MENTAL HEALTH, CURRENT AND UPCOMING, THE HEALTHCARE PROVIDED TO THE PATIENT, THE PAYMENTS MADE BY THE PATIENT AS WELL AS THE CURRENT OR FUTURE PROVISION OF THE HEALTHCARE

Source - Another student's paper

This is the information including demographic data such as physical or mental health in the past, current, and upcoming, healthcare provision to the person as well as the payments made by the patient in the previous, current or future for the provision of healthcare

Suspected Entry: 64% match

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THE PRIMARY GOAL IS MAKING IT EASIER KEEPING HEALTH INSURANCE, PROTECTING THE CONFIDENTIALITY AND THE INFORMATION ABOUT HEALTHCARE AND HELPING IN CONTROLLING ADMINISTRATIVE COSTS EFFECTIVELY

Source - Another student's paper

The primary goal of HIPAA is making it easier for people being able to keep health insurance, protect the confidentiality as well as the security of healthcare information and at the same time helping the healthcare industry to effectively control administrative costs

Suspected Entry: 75% match

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THE MOST IMPORTANT CATEGORIES THAT SHOULD BE REMOVED INCLUDE NAMES, UNIQUE NUMBERS, NUMBERS OF VEHICLES, AND FAX NUMBERS AMONG OTHERS

Source - Another student's paper

According to safe harbor guidelines, the most important categories that should be removed include names and unique numbers like phone numbers, vehicle numbers, and fax numbers among others

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WHAT MATTERS IS THAT THE INFORMATION CAN NO LONGER BE CONSIDERED AS PROTECTED INFORMATION

Source - Another student's paper

This is because the information is no longer considered protected information

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CLINICAL RESEARCH AND DATA

Source - Another student's paper

Clinical Research and Data

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HIPAA, THE COMMON RULE, THE GENERAL DATA PROTECTION REGULATION, AND DATA REPOSITORIES

Source - Another student's paper

HIPAA, the Common Rule, the General Data Protection Regulation, and Data Repositories

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MERRILL SERIES ON THE RESEARCH MISSION OF PUBLIC UNIVERSITIES

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Merrill Series on The Research Mission of Public Universities, 47-62

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SAFE HARBOR METHOD, THEREFORE, REMOVES PERSONALLY IDENTIFIABLE INFORMATION AND THEY LEAVE BEHIND A SET OF HEALTH STARTS WHICH CAN BE USED IN THE PUBLIC HEALTH WORKERS AND OTHER SITUATIONS REQUIRING STATISTICS

Source - Another student's paper

When Applying Safe Harbor methods to removes personally identifying information or Documentation and leaves behind a set of health stats that can be used in public health work and other situations where patient statistics are useful

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“FOR INFORMATION TO BE CONSIDERED DE-IDENTIFIED IT HAS TO MEET THE REQUIREMENTS OF EITHER THE SAFE HARBOR OR EX-PERT DETERMINATION” (SOKOL, 2017)

Source - Another student's paper

“For information to be considered de-identified it has to meet the requirements of either the safe harbour or expert determination” (Sokol, 2017)

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DATES DIRECTLY RELATED TO THE PATIENT SHOULD BE REMOVED

Source - Another student's paper

Dates also can be directly related to a patient

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BIRTH DATES, DEATH DATES, DATES OF ADMISSION AND DISCHARGE DATES

Source - Another student's paper

Dates, which has the patients date of birth, death dates, discharge dates, admission dates, appointment dates etc

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PROTECTING PRIVACY WHEN RELEASING SEARCH RESULTS FROM MEDICAL DOCUMENT DATA

Source - Another student's paper

Jialun, Q., Xiaobai, L., (2018), PROTECTING PRIVACY WHEN RELEASING SEARCH RESULTS FROM MEDICAL DOCUMENT DATA

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IN PROCEEDINGS OF THE 51ST HAWAII INTERNATIONAL CONFERENCE ON SYSTEM SCIENCES

Source - ProQuest Document

In Proceedings of the 51st Hawaii International Conference on System Sciences