HIPAA FOR HEALTH CARE PROFESSIONALS Dan Krager Carole Krager, C.C.A. Australia(cid:2)Brazil(cid:2)Japan(cid:2)Korea(cid:2)Mexico(cid:2)Singapore(cid:2)Spain(cid:2)UnitedKingdom(cid:2)UnitedStates HIPAAforHealthCare (cid:2)2008Delmar,CengageLearning Professionals ALLRIGHTSRESERVED.Nopartofthisworkcoveredbythecopyright DanKragerandCaroleKrager hereinmaybereproduced,transmitted,stored,orusedinanyformor byanymeansgraphic,electronic,ormechanical,includingbutnotlimited VicePresident,Careerand tophotocopying,recording,scanning,digitizing,taping,Webdistribution, ProfessionalEditorial: informationnetworks,orinformationstorageandretrievalsystems,except DaveGarza aspermittedunderSection107or108ofthe1976UnitedStates DirectorofLearningSolutions: CopyrightAct,withoutthepriorwrittenpermissionofthepublisher. 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Printed in the United States of America 1 2 3 4 5 6 7 12 11 10 09 08 P r e f a c e HIPAA for Health Care Professionals is a teaching/learning tool for both students and members of the health care workforce. HIPAA (Health Insurance Portability and Accountability Act) law mandates training of all new employees and retraining on a routine basis for every employee within health care. Training includes anyone who has possible contact with protected health information. Beginning in 2003, many people were concerned about what HIPAA would mean to the health care industry. Some of these concerns were valid, and many others were quite extreme. We hope to show the reasonableness of this law and how the health care industry can comply and more fully protect individual health information. In teaching a course in medical insurance and coding, the author found HIPAA books that were written in haste. Most were technically accuratebutdidnotcoverallareasofHIPAA.Othermorecomprehensive texts were written with additions to include HIPAA law but were not suitabletoexplainthecompletescopeofthelaw.Abasicunderstandingof how health care is delivered today will contribute to greater understand- ing.Asolidtextcapableofstimulatingin-depthlearningisneededwhena health care professional faces critical compliance decisions. Methods of Research Instead of taking opinions from here and there, the authors researched the government Web sites, the Federal Register, and actual advice published by the Department of Health and Human Services concerning howtounderstandtherules.Governmentwordingcanbequiteconfusing socare was taken to define concepts as the governmentdefines them and carefully present the intent of the law in everyday language. Organization Care was taken to study one element of HIPAA at a time to ensure the reader’s understanding. HIPAA for Health Care Professionals is written for easy reading. Knowledge of medical terminology is not required. Coverage includes an introduction to HIPAA concepts, explanation of privacyrule,transactionsandcodesets,securityrulesandtheirimpacton iii iv Preface theworkplace,andadiscussionofmythssurroundingHIPAA.Formsand resourcesthatcanbeusedintheworkplaceareincludedintheappendix. Features Each chapter contains the following: l Chapter objectives and a key term list to help the reader focus their learning l ThinkAboutItfeaturesfoundatthebeginningofeachchapteraswell as throughout the chapter stimulate reflection about concepts discussed.Thequestionsposedcanbediscussedpriorto readingand then addressed later to see if first impressions were correct. l True Stories and Scenarios illustrate actual real-life happenings and emphasize the importance of HIPAA compliance. l ReviewQuestionsfoundattheendofchapterallowthereadertocheck their understanding of chapter concepts. Also available: WebTutor on Web CT to Accompany HIPAA for Health Care Professionals ISBN: 1418080551 WebTutoronBlackboardtoAccompanyHIPAAforHealthCareProfessionals ISBN: 141808056X Designed tocomplementthebook,WebTutor isaWeb-basedteaching andlearningaidthatreinforcesandclarifiescomplexconcepts.Thisvaluable resource includes key concepts, Web links, discussion questions, glossary, andadditionalquizzes.TheWebCTandBlackboardplatformsalsoprovide rich communication tools to instructors and students, including a course calendar, chat, e-mail, and threaded discussions. Instructor Resources An Electronic Classroom Manager is available to instructors. ISBN 1-4180-8054-3 Included in the package: l Instructor’s Manual,including answersto ThinkAbout Itquestions and Review Questions, and ideas on how material can be used in professional training scenarios l 100 PowerPoint slides to assist in classroom presentations and lectures l Computerized Test Bank containing 250 questions; allows users to generate tests with a few clicks of a button! A b o u t t h e A u t h o r s Dan Krager is Manager of Information Systems, Richland Memorial Hospital, Olney, IL; HIPAA Officer for Richland Memorial Hospital; HIPAA Security Officer for Richland Memorial Hospital; Bachelor of Science,WheatonCollege,Wheaton,IllinoisCertifiedNetworkEngineer inNovellSystems,Ciscosystems,andLinuxtraining;andhasover15years experience in computer and network applications for hospital settings. As HIPAA Officer and HIPAA Security Officer, Dan enabled Richland Memorial Hospital to move toward compliance. He worked closely with the Illinois Hospital Association to build a statewide infrastructure that enables health care organizations to interconnect electronically. Carole H. Krager is Instructor at Olney Central College campus of Illinois Eastern Community College, Olney, IL in the Business Depart- ment, teaching Medical Insurance and Coding; Bachelor of Science, Wheaton College, Wheaton, IL; experienced in clinic billing; trained in diagnosis coding at Triton College, River Grove, IL; experienced in out- patient hospital coding; member of the American Health Information Management Association and Certified Coding Assistant (CCA) profi- ciency. Carole has been an educator for more than 25 years and has successfully communicated in an easy-to-understand manner. She has beentrainedinteachingstudentswholearnoutsidethenorm.Experience with billing and coding enabled her to understand the inner workings of both physician and hospital offices. v A c k n o w l e d g e m e n t s We wish to thank members of Richland (IL) Memorial Hospital for their assistance. We have listened to how they moved to HIPAA compliance and found some pitfalls. We hope you will avoid those pitfalls through full understandingoftheHIPAArulings.ThespecificfriendsareLezlieLambird, Medical Records Department; Tom Stein, Pharmacy Department; Julie Struble, Admitting Department; Lana Royse, Quality Assurance Improve- ment; Randy Bishop, Diagnostic Imaging Department; Bruce Maxwell, Emergency Department; Jack Fleeharty, Ambulance Department; and Bob Gammon, Food Service Department. We would like to send a special thank you to the reviewers of our manuscript. Their input was invaluable. Christa Bartlett, CMA-CPC Assistant Professor University of Alaska Fairbanks/Tanana Valley Campus Fairbanks, Alaska Mark Forquer, BS, Ed, NCMA Medical Assistant Instructor Advanced Career Training Jacksonville, Florida Carolyn H. Greene, BS, MBA, RHE Academic Dean, School of Health Sciences Program Director Health Services Management Virginia College at Birmingham Birmingham, Alabama Barbara Hogg, MLT, RN, BSN Director of Distance Learning South Arkansas Community College El Dorado, Arizona Stacey May, CST Program Director/Instructor of Surgical Technology and Surgical Assisting South Plains College Lubbock, Texas vi Acknowledgements vii We have endeavored to thoroughly cover the areas of HIPAA that have brought the most misunderstanding. Certainly there are gray areas that health care professionalswill encounter. If we can be of assistance to clarify and offer a carefully considered opinion, we certainly welcome the opportunity. Our e-mail address is [email protected] and our mailing address is 4730 N Wilder Road, Olney, IL 62450. C o n t e n t s Preface iii About the Authors v Acknowledgements vi Chapter 1 Introduction to HIPAA 1 Introduction 2 How the Rules Came into Existence 3 Titles of HIPAA Law 5 Title I: Health Insurance Access, Portability, and Renewal 5 Title II: Preventing Health Care Fraud and Abuse; Administrative Simplification; Medical Liability Reform 5 Title IV: Group Health Plan Requirements 7 Other Titles in HIPAA 7 HIPAA: An Organizational and Business Challenge 8 Who Is a “Covered Entity?” 10 The HIPAA Officer 11 Summary 12 Review Questions 24 References 25 Chapter 2 Privacy Issues Explained 26 Introduction 27 To Whom Does Title II Apply? 27 What Is Protected Health Information? 28 Authorization versus Consent 30 Concerns about Protected Health Information and Possible Disclosures 32 Required Disclosures 32 viii contents ix Permitted Use and Disclosure without Authorization 33 For Individual Access 33 For Treatment, Payment, and Health Care Operations 34 When Permission to Disclose is Received 35 When Incidental 36 For Public Interest or to Benefit the Public 36 For Research 38 Permitted Use and Disclosure with Authorization 38 Disclosure of Psychotherapy Notes 38 Disclosure for Marketing Purposes 39 Disclosure for Directory Purposes 40 Limiting Uses and Disclosures 40 Minimum Necessary Uses 41 Business Associates under the Privacy Rule 42 Training of the Public and Workforce 43 Amending Protected Health Information 44 Enforcement Guidelines 45 Civil Penalties under HIPAA 46 Criminal Penalties under HIPAA 47 What the HIPAA Privacy Rule Covers 49 Summary 50 Review Questions 51 References 52 Chapter 3 Transactions and Code Sets 54 Introduction 55 Purpose of Transaction Standards 56 Designated Code Sets 59 Diagnosis Codes 60 Inpatient Procedure Codes 61 Outpatient Procedure Codes 61 Dental Procedures 62 Drug Codes 62 Nonmedical Code Sets 63 ASC X12 Nomenclature 64 Data Overview 64 Architecture 65 Use of Loops 68 Sample of EDI Claim Data (UB-04, Hospital Billing Form) 69 Limitations of Electronic Claims 74