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Patient Privacy Investigations and Levels of Violation: Difference between revisions
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Policy No.: '''6302'''<br /> | Policy No.: '''6302'''<br /> | ||
Effective Date: '''11/02/20'''<br /> | Effective Date: '''11/02/20'''<br /> | ||
Revised Date: ''' | Revised Date: '''04/22/24''' | ||
Reviewed Date: '''04/22/24''' <br /> | |||
<br /> | <br /> | ||
<big>'''Policy on Patient Privacy Investigations and Levels of Violation'''</big><br /><br /> | <big>'''Policy on Patient Privacy Investigations and Levels of Violation'''</big><br /><br /> | ||
==Purpose of Policy== | ==Purpose of Policy== | ||
Nebraska Medicine/UNMC implements reasonable and appropriate access controls in alignment with National Institute of Standards and Technology (NIST) standards and guidance to maintain the minimum necessary access. [https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/final NIST Special Publication 800-53] and the [https://www.cdc.gov/phlp/ | Nebraska Medicine/UNMC implements reasonable and appropriate access controls in alignment with National Institute of Standards and Technology (NIST) standards and guidance to maintain the minimum necessary access. [https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/final NIST Special Publication 800-53] and the [https://www.cdc.gov/phlp/php/resources/health-insurance-portability-and-accountability-act-of-1996-hipaa.html HIPAA Security Rule] outline considerations for the access control family of security controls. | ||
==Policy== | ==Policy== | ||
Nebraska Medicine/UNMC Workforce members shall report, and the [mailto:privacy@nebraskamed.com Privacy Office] shall investigate, suspected patient Privacy Incidents to ensure patient and employee/patient confidentiality is maintained and to help mitigate any adverse effects resulting from such incidents. Appropriate sanctions shall be consistently applied by Nebraska Medicine/UNMC for violations of patient privacy pursuant to the requirements of the [https://www.cdc.gov/phlp/ | Nebraska Medicine/UNMC Workforce members shall report, and the [mailto:privacy@nebraskamed.com Privacy Office] shall investigate, suspected patient Privacy Incidents to ensure patient and employee/patient confidentiality is maintained and to help mitigate any adverse effects resulting from such incidents. Appropriate sanctions shall be consistently applied by Nebraska Medicine/UNMC for violations of patient privacy pursuant to the requirements of the [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)]. | ||
==Procedures== | ==Procedures== | ||
#Suspected Privacy Incidents shall be reported to the Privacy Office immediately for further investigation. | #Suspected Privacy Incidents shall be reported to the Privacy Office immediately for further investigation. | ||
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==Definitions== | ==Definitions== | ||
===Affiliated Covered Entity (ACE)=== | ===Affiliated Covered Entity (ACE)=== | ||
Legally separate covered entities that | Legally separate covered entities that designate themselves as a single covered entity for the purpose of HIPAA Compliance. Current ACE members are: The Nebraska Medical Center, UNMC Physicians, UNMC, University Dental Associates, Bellevue Medical Center and Nebraska Pediatric Practice, Inc. d/b/a Children’s Specialty Physicians. ACE membership may change from time to time. The Notice of Privacy Practices lists current ACE members. | ||
===Breach of Unsecured PHI === | ===Breach of Unsecured PHI === | ||
The unauthorized acquisition, access, use or disclosure of PHI which compromises the security or privacy of such information. Unsecured PHI is PHI that is not rendered unusable, unreadable or indecipherable to unauthorized persons, such as e-PHI that has not been encrypted and any physical copy of PHI (e.g., in paper, film or hardcopy) that has not been shredded or destroyed such that it cannot be read or otherwise reconstructed. | The unauthorized acquisition, access, use or disclosure of PHI which compromises the security or privacy of such information. Unsecured PHI is PHI that is not rendered unusable, unreadable or indecipherable to unauthorized persons, such as e-PHI that has not been encrypted and any physical copy of PHI (e.g., in paper, film or hardcopy) that has not been shredded or destroyed such that it cannot be read or otherwise reconstructed. | ||
===Business Associate=== | ===Business Associate=== | ||
A third party who performs services on behalf of Nebraska Medicine/UNMC that involve the creation, receipt, maintenance or transmission of PHI. Some examples of such services include | A third party who performs services on behalf of Nebraska Medicine/UNMC that involve the creation, receipt, maintenance or transmission of PHI in any form, even if PHI is not accessed. Some examples of such services include storage, including cloud storage, claims processing, data analysis, data processing, practice management, utilization review, quality assurance, patient safety activities, billing, benefit management and repricing. | ||
===e-PHI === | ===e-PHI === | ||
Protected Health Information that is transmitted by electronic media and/or maintained in electronic media. | Protected Health Information that is transmitted by electronic media and/or maintained in electronic media. | ||
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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) | *the manifestation of a disease or disorder in such Individual’s family members (i.e., family medical history). | ||
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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==Appendix A== | ==Appendix A== | ||
===Levels of Violations === | ===Levels of Violations === | ||
The violation levels and corrective actions described in this Appendix A are guidelines. The actual level of violation will be determined by the Privacy Office and corrective action will be determined by Human Resources and/or the CMO, as applicable.<br /> | |||
Factors that may be considered in determining appropriate corrective action include, but are not limited to: | Factors that may be considered in determining appropriate corrective action include, but are not limited to: | ||
#Whether the Workforce member’s conduct appears to be intentional or unintentional or | #Whether the Workforce member’s conduct appears to be intentional or unintentional or inadvertent; | ||
#The magnitude of the violation, including the number of patients and the volume of PHI accessed or disclosed, keeping in mind that intentional unauthorized access, use or disclosure of even one patient’s PHI is an unacceptable breach to the affected patient; | #The magnitude of the violation, including the number of patients and the volume of PHI accessed or disclosed, keeping in mind that intentional unauthorized access, use or disclosure of even one patient’s PHI is an unacceptable breach to the affected patient; | ||
#Whether the conduct included an element of malice, or desire for personal or financial gain; | #Whether the conduct included an element of malice, or desire for personal or financial gain; | ||
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*Contact the [mailto:privacy@nebraskamed.com Privacy Officer] or the [mailto:privacy@nebraskamed.com Privacy Office] at 402-559-5136. | *Contact the [mailto:privacy@nebraskamed.com Privacy Officer] or the [mailto:privacy@nebraskamed.com Privacy Office] at 402-559-5136. | ||
*Contact [https://support.security.unmc.edu Office of Information Security] or 402-559-2545. | *Contact [https://support.security.unmc.edu Office of Information Security] or 402-559-2545. | ||
*Contact [https://www.unmc.edu/human-resources/about/ | *Contact [https://www.unmc.edu/human-resources/about/index.html Human Resources, Employee Relations], 402-559-7394, 402-559-8534 or 402-559-4371 | ||
*Contact Legal Services at | *Contact Legal Services at [mailto:Contracts@nebraskamed.com contracts@nebraskamed.com] | ||
*UNMC Policy No. 1098, [https://wiki.unmc.edu/index.php/Corrective/Disciplinary_Action Corrective and Disciplinary Action] | *UNMC Policy No. 1098, [https://wiki.unmc.edu/index.php/Corrective/Disciplinary_Action Corrective and Disciplinary Action] | ||
*UNMC Policy No. 6045, [https://wiki.unmc.edu/index.php/Privacy/Confidentiality Privacy, Confidentiality and Security of Patient and Proprietary Information] | *UNMC Policy No. 6045, [https://wiki.unmc.edu/index.php/Privacy/Confidentiality Privacy, Confidentiality and Security of Patient and Proprietary Information] | ||
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*UNMC Policy No. 6057, [https://wiki.unmc.edu/index.php/Use_and_Disclosure_of_Protected_Health_Information Use and Disclosure of Protected Health Information] | *UNMC Policy No. 6057, [https://wiki.unmc.edu/index.php/Use_and_Disclosure_of_Protected_Health_Information Use and Disclosure of Protected Health Information] | ||
*Nebraska Medicine Use and Disclosure of Protected Health Information policy, IM.12 | *Nebraska Medicine Use and Disclosure of Protected Health Information policy, IM.12 | ||
*[https://www.cdc.gov/phlp/ | *[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)] | ||
*[https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/final NIST Special Publication 800-53] | *[https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/final NIST Special Publication 800-53] | ||
*[https://www.cdc.gov/phlp/ | *[https://www.cdc.gov/phlp/php/resources/health-insurance-portability-and-accountability-act-of-1996-hipaa.html HIPAA Security Rule] | ||
This page maintained by [mailto: | This page maintained by [mailto:mhurlocker@unmc.edu mh]. | ||