The Application Of The Release Of Phi Essay

The Application Of The Release Of Phi Essay

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X a. Marjorie just processed a request for PHI. It was 60 days ago.
Explanation: According to both HIPPA and ARRA regulations, healthcare organizations compels to allow all reasonable efforts to limit the disclosure of information to the minimum necessary data to accomplish the purpose of the request (McWay, 2010). Based on the information provided, the request for PHI fails to specify the date of validity of the release of PHI. According to the HIPPA privacy rule, a request for the release of PHI is invalid if the request meets the following specifications (1) expiration date not specified that is related to purpose of disclosure, or the date on the request for information has elapse, (2) If the request for authorization have been revoked, (3) failure to clearly state the intended purpose of release of information, (4) failure to provide signature and date of authorizing the disclosure of information ( or failure to provide description of representative’s authority to act on behalf of the patients), and (5) failure to specify the entity disclosing and the recipient entity (Department of Health & Human Services, n.d.). There are three categories for the disclosure of PHI according to the federal regulation, (1) A written authorization for disclosure made by the patient, (2) disclosure of PHI in pursuant of federal regulation, and (3) Disclosure of PHI with the valid court order. In addition to federal regulation pertaining to the release of information, it is crucial to take into consideration applicable state laws. State regulation concerning the release of information can be equal, less, and more restrictive than federal regulation. However, in a situation of conflict between federal and state regulations, the more str...


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...line, they are allowed to extend the date additional 30 days period and they must provide the patient with a written notice, highlighting the rationale behind such delay (Cornell University Law School, n.d.).
X i. The notice of privacy practices gives an example of treatment, payment and healthcare operations.
Explanation: The notice of privacy practices specifies patient’s legal right and the healthcare entity legal obligations in regard to Protected Health Information (PHI). Covered healthcare entity are also obligated to make the notice of privacy readily available to patients and allow patients to reject, make restriction to PHI sharing, or completely reject to consent. The consent received can be used to disclose PHI to other covered entities in order to enable treatments, process payment, and perform any necessary health related operation (McWay, 2010).

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