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HIM responsibilities with MEGA rules

  • 31 Mar 2018 3:57 PM
    Reply # 6009583 on 5878740
    RHIA Administrator (Administrator)

    Per the AHIMA Analysis of the HIPAA Mega Rule of January 25, 2013 the Key Highlights of the HITECH/GINA Updates to HIPAA Privacy and Security Requirements were:

    • Business associates must follow the Security Rule for electronic protected health information.
    • Business associates have business associate agreements with their subcontractors who must also follow the security rule for electronic protected health information (PHI).
    • Covered entities do not have business associate agreements with business associates’ contractors.
    • Marketing requires an authorization.
    • Financial remuneration is defined.
    • Exceptions to marketing are still in place.
    • Business associates must obtain authorizations prior to marketing.
    • Grandfather clause for business associate agreement transition
    • Prohibits the Sale of PHI without patient authorization
    • Allows for Compound authorizations for research
    • Allows for Authorizing for use or disclosure of future research data
    • Any individually identifiable health information of a person deceased more than 50 years is no longer considered PHI under the Privacy Rule.
    • Covered entities are now permitted to disclose a decedent’s PHI to family members and others who were involved in the care or payment for care of a decedent prior to death, unless doing so is inconsistent with any prior expressed preference of the individual that is known to the CE.
    • Covered entities can disclose proof of immunization to a school where state or other law requires it prior to admitting a student. Written authorization is no longer required, but an agreement must still be obtained, which can be oral.
    • Covered entities must provide the recipient of any fundraising communication with a clear and;conspicuous opportunity to opt out of receiving any further fundraising communications and that the;individual’s choice to opt out is treated as a revocation of authorization under the privacy rule.
    • The Notice of Privacy Practices must be revised and redistributed.
    • Required restriction to health plan
    • Access to electronic PHI
    • Form and format of electronic copies
    • Fees for paper and electronic copies
    • Timeliness for paper and electronic records
    • The Breach Notification Rule’s “harm” threshold is removed and replaced with a more objective standard.
    • Title I of GINA required the Secretary to revise the HIPAA Privacy Rule.
    • Genetic information is health information.
    • Genetic information may not be used or disclosed for underwriting purposes.
    • Excludes long-term care plans from the underwriting prohibition
  • 26 Feb 2018 3:05 PM
    Message # 5878740
    Deleted user

    Do you have an outline of the specific areas that need to be addressed by HIM with the MEGA rule? Thanks.

    Last modified: 26 Feb 2018 3:06 PM | Deleted user
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