Every week we are reviewing different RHIA domains. During the weekly discussion, you will be expected to review the RHIA practice questions for the respective domain being covered. The weekly discussions will provide an opportunity for you to ask questions about the practice questions, concepts, definitions, or review of the weekly domain.
Domain 2: The Compliance and Uses and Disclosures of PHI domain makes up 19% of the RHIA exam. The following knowledge is covered in this week’s domain review:
· Manage patient access to their health information.
· Apply knowledge necessary to advocate for patients and families in the process of obtaining health information.
· Apply knowledge necessary to process healthcare information requests according to legal and regulatory standards.
· Monitor access to PHI within the organization.
· Apply knowledge necessary to comply with retention and destruction policies for healthcare information.
· Apply knowledge necessary to monitor release of information workflows.
· Follow breach of information protocols.
· Apply knowledge necessary to ensure compliance with privacy initiatives.
· Ensure compliance with security initiatives.
· Monitor organizational compliance with health laws, regulations, or standards.
After completing the review questions, include four questions regarding this week’s domains or practice questions. Include information you researched to assist in answering the questions, feedback from the RHIA practice exam, and external resources that supported your knowledge of the content. This is a great dialogue to include concepts in which you would like to strengthen your skills and knowledge.
Reply 1
Health information management relies heavily on compliance with PHI use and disclosure regulations. HIM professionals are responsible for managing patient access to their health information, which includes ensuring that patients are given appropriate access to their health information and that HIM professionals are in compliance with legal and regulatory obligations for the management and disclosure of protected health information (PHI).
Verifying the identity of the individual seeking access to protected health information is an issue that arises in the context of controlling patient access to their health information. This is of utmost significance when someone other than the patient requests access. HIPAA requires the covered organization to confirm the requestor's identity and the requestor's eligibility to see the protected health information (Dunn et al., 2013). The organization may seek identification information or written authorization from the patient or the patient's legal representative before granting access. Patients and their loved ones may also wonder how they might best represent their interests while seeking medical records. Health information management professionals are responsible for educating patients and family members about their rights to access their health records and to help them exercise those rights. They can tell you what documents are accessible, how much it will cost you to get them, and what you need to do to get them. Patients may benefit from their knowledge of their rights under HIPAA and other relevant laws, including state privacy laws.
Protected health information (PHI) must be guarded to guarantee that only authorized personnel have access to it. Preventing unwanted access to protected health information (PHI) requires proper security measures, such as access limits, audit trails, and user authentication (Li et al., 2012). In addition, employees should get regular training on the regulations and processes for gaining access to PHI and the possible repercussions of violating these policies and procedures. Finally, the issue of how to enforce privacy and security measures may be raised. The organization's privacy and security program must meet all relevant requirements and standards, and HIM experts are responsible for making that happen (Jansen & Grance, 2011). They should also regularly conduct audits and risk assessments to spot problems early on and fix them. HIM experts may collaborate with other departments like IT and legal counsel to ensure the company has adequate privacy and security policies and that employees are taught and informed of their responsibilities.
In conclusion, HIM professionals must pay close attention to how they handle the uses and disclosures of PHI. HIM professionals may aid in protecting patient privacy and ensuring that PHI is used and released only as allowed by facilitating patient access to their health information, advocating for patients and their families, monitoring access to PHI, and verifying compliance with privacy and security efforts.
Repy 2
My questions this week under the Domain Compliance and uses and disclosures of PHI follow.
Question 97: Jill is tasked with revising the health record retention policy and refers to AHIMA's best practices for retaining records for minors.
The American Academy of Pediatrics states, “At a minimum, pediatric medical records should be retained for ten years or the age of majority plus the applicable state statute of limitations (time to file a lawsuit), whichever is longer. In some states, the statute of limitations does not start until the patient turns 18. So in a state with a two-year statute of limitations, a malpractice case related to newborn care could be filed 20 years after delivery, meaning newborn records must be kept for at least 20 years. Depending on the circumstances, medical record retention may be dictated by state law, federal regulation, or even the Joint Commission. (AAP.com last updated 08/05/2021)
This statement makes it clear that, as professionals, the answer may change depending on our state and the laws in those jurisdictions.
This question, however, is specific to AHIMA best practices. And AHIMA States :
” If the patient is a minor, the providershould retain health information until the patient reaches the age of majority (as defined by state law) plusthe statute of limitations period, unless otherwise provided by state law. A more extended retention period isprudent since the statute may not begin until the potential plaintiff learns of the causal relationshipbetween an injury and the care received. In addition, under the False Claims Act (31 USC 3729), claimsmay be brought for up to seven years after the incident; however, on occasion, the time has beenextended to 10 years.”
Question 99: Barbara Requested her record 40 days ago and has not heard from the hospital. Is this a violation of HIPAA?
Under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, hospitals must respond to medical records requests within 30 days. This time frame can be extended by 30 days if the hospital provides a written explanation for the delay. The hospital has a maximum of 60 days to respond to the request.
It's worth noting that individual states may have regulations regarding medical record requests, which could specify different time frames. However, HIPAA sets the minimum requirements, and hospitals must comply with the federal guidelines at a minimum.
Question 100: Retention of records is mandated by who? I believe this is HIPAA, but this question throws me a bit because HIPAA is federal, so how can this be one answer? I am going with HIPAA. However, multiple entities have their regulations. For example, when HIPAA states at least six years, the state can state more than 6, but not less.
Question 134: What is the legal term for protecting health information between a patient and provider?
Confidentiality. Patient confidentiality refers to healthcare providers' ethical and legal obligation to keep personal and medical information about their patients private and secure. Healthcare professionals are responsible for protecting the privacy and confidentiality of their patient's health information.
