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Protected health information (PHI) under U.S. law is any information about health status, provision of health care, or payment for health care that is created or collected by a Covered Entity (or a Business Associate of a Covered Entity), and can be linked to a specific individual.
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.
The Health Insurance Portability and Accountability Act — otherwise known as HIPAA — has become a major topic of discussion amid the rollout of COVID-19 vaccines.
For example, the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) has proposed to update the HIPAA privacy rule (HHS–OCR–0945–AA00) [33] with an expanded right of access for personal health apps and disclosures between providers for care coordination. Unlike the CMS and ONC final rules, the OCR HIPAA privacy ...
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]
Exchanges in the US must operate with patient consent to comply with not only the Health Insurance Portability and Accountability Act (HIPAA) and also 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]
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