Posted by fairywings on February 6, 2006, at 19:28:47
In reply to I need some help fast, posted by Voce on February 6, 2006, at 18:37:18
http://aspe.hhs.gov/admnsimp/final/pvcfact2.htm
SPECIAL PROTECTION FOR PSYCHOTHERAPY NOTES
Psychotherapy notes (used only by a psychotherapist) are held to a higher standard of protection because they are not part of the medical record and are never intended to be shared with anyone else. All other personal health information is considered to be sensitive and protected consistently under this rule.
ESTABLISH ACCOUNTABILITY FOR MEDICAL RECORDS USE AND RELEASE
In HIPAA, Congress provided penalties for covered entities that misuse personal health information.
Civil penalties. Health plans, providers and clearinghouses that violate these standards will be subject to civil liability. Civil money penalties are $100 per violation, up to $25,000 per person, per year for each requirement or prohibition violated.Federal criminal penalties. Under HIPAA, Congress also established criminal penalties for knowingly violating patient privacy. Criminal penalties are up to $50,000 and one year in prison for obtaining or disclosing protected health information; up to $100,000 and up to five years in prison for obtaining protected health information under "false pretenses"; and up to $250,000 and up to 10 years in prison for obtaining or disclosing protected health information with the intent to sell, transfer or use it for commercial advantage, personal gain or malicious harm.
COMPLIANCE AND ENFORCEMENT
The final rule will be enforced by the HHS Office for Civil Rights (OCR). Before covered entities must comply with the rule, OCR will provide assistance to providers, plans and health clearinghouses in meeting the requirements of the regulation. A Web site on the new regulation is available at http://www.hhs.gov/ocr/hipaa/.
BALANCING PUBLIC RESPONSIBILITY WITH PRIVACY PROTECTIONS
In limited circumstances, the final rule permits - but does not require - covered entities to continue certain existing disclosures of health information without individual authorization for specific public responsibilities.These permitted disclosures include: emergency circumstances; identification of the body of a deceased person, or the cause of death; public health needs; research, generally limited to when a waiver of authorization is independently approved by a privacy board or Institutional Review Board; oversight of the health care system; judicial and administrative proceedings; limited law enforcement activities; and activities related to national defense and security.
All of these disclosures could occur today under existing laws and regulations, although the privacy rule generally establishes new safeguards and limits. If there is no other law requiring that information be disclosed, covered entities will use their professional judgments to decide whether to disclose any information, reflecting their own policies and ethical principles.
Hope some of this helps
fw
poster:fairywings
thread:606992
URL: http://www.dr-bob.org/babble/psycho/20060131/msgs/607009.html