Also known as the "mega rules," the omnibus final rules are clarifications and finalizations of the HIPAA rules of 2003, the HITECH rules of 2008, and the incorporation of the Genetic Information Nondiscrimination Act (GINA) rules into the Privacy and Security rules. These are not sweeping changes, as many describe, but clarifications. In most cases, what are now final rules are best practices that organizations should already be following.
Q. Is it a HIPAA violation if a hospital receives a faxed Healthcare Effectiveness Data and Information Set (HEDIS) request and the hospital cannot identify the patient by full name, last name, or date of birth? These requests contain name, date of birth, provider, and the HEDIS Measure (Chlamydia screening, cervical cancer screening, cholesterol management, etc.) and last date of service of the patient. Typically, these faxed requests are from business associates of the patient's health insurance, but occasionally they come directly from the insurance company.
There is some common ground in the corrective action plans (CAP) that OCR has imposed on healthcare organizations it has investigated for HIPAA privacy and security deficiencies.
Editor's note: The following is adapted from the HCPro book The HIPAA Omnibus Rule: A Compliance Guide for Covered Entities and Business Associates, by Kate Borten, CISSP, CISM, president of The Marblehead Group in Marblehead, Mass. To learn more about the book, go to www.hcmarketplace.com.
As an HIM director, you are responsible for the integrity of your patients' records-even when your hospital shuts down certain wings of the facility or closes its doors entirely.
