Notice of Privacy Practices: Difference between revisions

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Additional Information: updated Health Insurance Portability and Accountability Act of 1996 (HIPAA) link
 
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Policy No.: '''6058'''<br />
Policy No.: '''6058'''<br />
Effective Date: '''03/17/03''' <br />
Effective Date: '''03/17/03''' <br />
Revised Date: '''draft 09/22/22'''<br />
Revised Date: '''10/28/22'''<br />
Reviewed Date:''' '''<br />
Reviewed Date:''' 04/22/24'''<br />
<br />
<br />


<big>'''Notice of Privacy Practices Policy'''</big>  
<big>'''Notice of Privacy Practices Policy'''</big>  
== Basis for Policy ==   
== Basis for Policy ==   
It is the policy of the University of Nebraska Medical Center (UNMC) to use and disclose protected health information in accordance with [https://www.cdc.gov/phlp/publications/topic/hipaa.html Health Insurance Portability and Accountability Act of 1996 (HIPAA)] requirements and [https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/executive-memorandum/hipaa-compliance-policy.pdf University of Nebraska Executive Memorandum No. 27].
It is the policy of the University of Nebraska Medical Center (UNMC) to use and disclose protected health information in accordance with [https://www.cdc.gov/phlp/php/resources/health-insurance-portability-and-accountability-act-of-1996-hipaa.html Health Insurance Portability and Accountability Act of 1996 (HIPAA)] requirements and [https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/executive-memorandum/hipaa-compliance-policy.pdf University of Nebraska Executive Memorandum No. 27].
 
== Policy ==  
== Policy ==  
UNMC shall maintain, distribute and post a Notice of Privacy Practices (Notice) in accordance with this policy. <br />
UNMC shall maintain, distribute and post a Notice of Privacy Practices (Notice) in accordance with this policy. <br />
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== Definitions ==
== Definitions ==
===Individual===
===Individual===
The person who is the subject of the Protected Health Information (PHI). Personal representatives of the Individual have the same rights as the Individual under HIPAA (i.e., they “step into the shoes” of the Individual). Personal representatives include the legal guardian and anyone else authorized by law to act on behalf of the Individual.  
The person who is the subject of the PHI. Personal representatives of the Individual have the same rights as the Individual under HIPAA (i.e., they “step into the shoes” of the Individual). Personal representatives include the legal guardian and anyone else authorized by law to act on behalf of the Individual. (See Nebraska Medicine Consents and Permits policy, MS14.)
===Notice of Privacy Practices (Notice)===
===Notice of Privacy Practices (Notice)===
A plain language notice of the uses and disclosures that UNMC may make of the Individual’s PHI, and the Individual’s rights and UNMC’s legal duties with respect to such PHI.  
A plain language notice of the uses and disclosures that UNMC may make of the Individual’s PHI, and the Individual’s rights and UNMC’s legal duties with respect to such PHI.  
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An arrangement among UNMC and members of the medical staff to follow certain common information practices with respect to clinical encounters at UNMC. The OHCA does not encompass the private office practice of participating practitioners or their information practices from other care settings.
An arrangement among UNMC and members of the medical staff to follow certain common information practices with respect to clinical encounters at UNMC. The OHCA does not encompass the private office practice of participating practitioners or their information practices from other care settings.
===Personal Representative ===
===Personal Representative ===
A person who, under HIPAA or State law, is empowered to act or exercise rights on behalf of an Individual. (see Nebraska Medicine’s Consents and Permits policy, MS14, for additional information.)  
A person who, under HIPAA or State law, is empowered to act or exercise rights on behalf of an Individual. (See Nebraska Medicine Consents and Permits policy, MS14.)
===Protected Health Information (PHI)===
===Protected Health Information (PHI)===
Individually identifiable health information including demographic information, collected from an Individual, whether oral or recorded in any medium, that:
Individually identifiable health information including demographic information, collected from an Individual, whether oral or recorded in any medium, that:
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*an Individual’s genetic tests;  
*an Individual’s genetic tests;  
*the genetic tests of an Individual’s family members; or
*the genetic tests of an Individual’s family members; or
*the manifestation of a disease or disorder in such Individual’s family members (i.e., family medical history); or
*the manifestation of a disease or disorder in such Individual’s family members (i.e., family medical history).
*any request for, or receipt of, genetic services (e.g., genetic test, genetic counseling, genetic education), or participation in clinical research which includes genetic services by the Individual or any family member of the Individual.
PHI excludes:
PHI excludes:
*individually identifiable health information of a person who has been deceased for more than fifty (50) years.
*individually identifiable health information of a person who has been deceased for more than fifty (50) years.
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*[https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/executive-memorandum/hipaa-compliance-policy.pdf University of Nebraska Executive Memorandum No. 27]
*[https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/executive-memorandum/hipaa-compliance-policy.pdf University of Nebraska Executive Memorandum No. 27]
*Nebraska Medicine’s Consents and Permits policy, MS14
*Nebraska Medicine’s Consents and Permits policy, MS14
*[https://www.cdc.gov/phlp/publications/topic/hipaa.html Health Insurance Portability and Accountability Act of 1996 (HIPAA)]
*[https://www.cdc.gov/phlp/php/resources/health-insurance-portability-and-accountability-act-of-1996-hipaa.html Health Insurance Portability and Accountability Act of 1996 (HIPAA)]




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