Title: Health Record Access
Course: HIM 2012 Health Law > Section: Module 7 - Health Record Access

Introduction

In 1996 Congress passed the Health Insurance Portability and Accountability Privacy and Security Act (HIPAA) because of concerns about fraud.   While the Federal Claims Act provides Centers for Medicare and Medicaid (CMS) with regulatory authority to enforce fraud and abuse statutes for the Medicare program. HIPAA extends that authority to all federal and state healthcare programs.

The challenge for health information management professionals in managing health records is to ensure that the access, use and disclosure of health information is handled according to state and federal laws, such as Medicare and Medicaid.  HIPAA Privacy and Security Act defines access as the right of an individual to inspect and obtain a copy of his or her own health information that is contained in a designed record set.  However, use is defined as the sharing, employment, application,  utilization , examination or analysis of individually  identifiable  health information within an entity that maintains such information.

Objectives

Upon completion of this module, the student will be able to:Differentiate between access and disclosure rights of competent and incompetent adult patients
- Explain the various parental authorization requirements regarding minor patients
- Discuss the state and federal laws designed to protect sensitive health information related to behavioral health, substance abuse and HIV/AIDS health information
- Identify requests for information that require the patient’s authorization and those that do not

Readings & Resources

Required reading:  Brodnik, Melanie.  Fundamentals of Law for Health Informatics and Information Management.  AHIMA Press.  Current edition. (Chapters 10, 11, 12)
Optional:  Pozgar, George.  Legal Aspects of Health Care Administration.  Jones and Bartlett Learning.  Current edition.  (Chapter 13)
Optional:  Servais, C.  The Legal Health Record.  AHIMA Press. Current edition

HIPAA
American Society of Law, Medicine and Ethics
American Health Information Management Association
Agency for Healthcare Research and Quality
Healthcare Information and Management Systems Society
American Medical Informatics Association

Assignments and Activities

- Read Chapters 10, 11, and 12 in the Brodnik text

- Take the Module 7 Quiz
- Post on the Module 7 Discussion Board
- Post the Module 7 Internet Activity
- Continue working on the Health Law Electronic Portfolio (due in Module 10)