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HIPAA provides a federal minimum standard for medical privacy, sets standards for uses and disclosures of protected health information (PHI), and provides civil and criminal penalties for violations. Prior to HIPAA, only certain groups of people were protected under medical laws such as individuals with HIV or those who received Medicare aid. [41]
The HITECH Act requires entities covered by the Health Insurance Portability and Accountability Act (HIPAA) to report data breaches that affect 500 or more persons to the United States Department of Health and Human Services (U.S. HHS), to the news media, and to the people affected by the data breaches. [23]
Under HIPAA, HIPAA-covered health plans are now required to use standardized HIPAA electronic transactions. See, 42 USC § 1320d-2 and 45 CFR Part 162. Information about this can be found in the final rule for HIPAA electronic transaction standards (74 Fed. Reg. 3296, published in the Federal Register on January 16, 2009), and on the CMS website.
Exchanges in the US must operate with patient consent to comply with not only the Health Insurance Portability and Accountability Act (HIPAA) but also a variety of state and federal laws and regulations. This was clarified by the Office of Civil Rights in the January 2013 Final Omnibus Rule Update to HIPAA. [9]
To elaborate, some examples of an HIC include: Healthcare providers such as doctors, nurses, social workers, dentists, psychologists, paramedics, optometrists, physiotherapists, occupational therapists, chiropractors, massage therapists, dieticians, naturopaths and acupuncturists; Hospitals; Long-term care homes and homes for special care
Health information technology (HIT) is "the application of information processing involving both computer hardware and software that deals with the storage, retrieval, sharing, and use of health care information, health data, and knowledge for communication and decision making". [8]
A law firm, for example, could use it to train a specialized model for legal use—and own the intellectual property. A health care company could audit and manage the data behind the model ...
For example, Pavesich v. New England Life Insurance Company (in 1905) was one of the first specific endorsements of the right to privacy as derived from natural law in US law. Judith Wagner DeCew stated, " Pavesich was the first case to recognize privacy as a right in tort law by invoking natural law, common law, and constitutional values."
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