Protected Health Information
Protected Health Information (PHI) is any medical record and data that can be used to identify an individual. Patients provide information to medical practitioners during or before treatment. Conversations between the physician and patient are to be treated as confidential, and no third party should have access to the information unless allowed by the US Department of Health and Human Services policy (Thompson et al., 2015). The Health Insurance Portability and Accountability Act (HIPPA) dictates what is allowed or not, according to the law on patient information. According to this HIPPA, PHI is information that is personally identifiable to the particular patient or was disclosed in a private session with the medical practitioner. For instance, in the case of mental health, the patient may choose to keep the information private due to the stigma that comes with mental health. In such a case, if the patient is not using any insurance cover, they may opt to keep the information between them and the hospital staff.
According to the Standards for Privacy of Individually Identifiable Health Information, PHI can only be disclosed in two situations: to all parties allowed by the privacy rule or to another party as authorized through written consent by the subject of the information. Healthcare providers, business associates, and health insurers are covered under the privacy rule. However in some cases, the subject may want to protect the information on their physical or mental health, thus other parties, even those allowed by the privacy rule, may require to obtain consent from the subject. With the increased use of technology and sharing of information, protecting client information can be quite demanding. In the US, data security in laboratories must also meet Health Insurance Portability and Accountability Act ( HIPAA). Laboratories are required to protect patient data from access by unauthorized people or unauthorized alteration and ensure data integrity.
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Difference between the Privacy Rule and the Security Rule
The Privacy Rule determines who is allowed to access health information, while the Security Rule ensures only allowed persons to access the information. The Privacy Rule dictates who has access to medical records, while the Security Rule dictates how the medical records are kept safe. Security entails preventing unauthorized people from accessing the data and ensuring those with access do not alter or disclose it unnecessarily. Parties allowed to access the information have to have appropriate safeguards that identify them from unauthorized parties. Such safeguards could include training on the handling of client data in the laboratory. While the Privacy Rule protects all client data, including oral, written or electronic data, the Security Policy seeks to protect electronic data(Hoffman & Podgurski, 2017)
Difference between Identifiable and Unidentified Information and Their Uses
Identifiable data can be used to accurately identify a person since they are particular to individuals. Such data include names, date of birth, national identification number, physical address, etc. (McCallister, 2016). In most cases, this type of data, when combined, is specific to an individual, such that if collected from a laboratory and put together, it could be used for the wrong reasons. To protect client data, a laboratory could utilize markers or codes that are known to personnel alone. The use of codes ensures in case an intruder enters the laboratory or there is a breach of security, the clients remain anonymous. Some specimen also requires transportation. If there is interference during transport such that sample is exposed to non-personnel, the client's privacy is protected. On the other side, unidentified information includes information that has no personal details that can be traced to a specific person. Unidentified information could be due to the removal of any identifiers, or failure to collect any personal data from the start (McCallister, 2016). The removal, in this case, does not, however, mean replacing personal details with codes or numbers, but complete elimination, such that no connection can be found between the information and its source.
In a case where a health facility is unable to identify a patient because he or she is unconscious, the hospital has to try every means possible to obtain data on the person to avoid complications that may arise due to lack of medical history for the patient. In some cases, the patient could be lacking any wallet or identification documents or a distinguishing scar or tattoo that could help distinguish them and reach out family. The Privacy Rule still applies in such a case, with the next kin being required to make medical decisions on behalf of the patient. Before the hospital finds the next of kin, the information is unidentified until they can attach personal details to it.
Conclusion
PHI is protected information, which only parties allowed by the Privacy Rule are free to access. Maintaining client confidentiality is especially important in the laboratory, as most clients prefer not to disclose their health status. Laboratory personnel is therefore expected to adhere to the Security Rule safeguards when collecting, handling, and presenting results on the clients. Both the Privacy Rule and Security Rule protect confidential health information in the US. The two rules function hand-in-hand but are different entities. Both rules safeguard client information, but the Privacy Rule protects oral and hardcopy information while the Security Rule protects electronic information. Laboratory personnel must, therefore, be conversant with what is required of them when handling client information to avoid prosecution for allowing data land in unauthorized hands or wrongfully editing patient information. These skills are acquired from understanding and practicing the provisions provided by the Health Insurance Portability and Accountability Act.
References
Hoffman, S., & Podgurski, A. (2017). Securing the HIPAA security rule. Journal of Internet Law, Spring , 06-26.
McCallister, E. (2016). Guide to protecting the confidentiality of personally identifiable information . Diane Publishing.
Thompson, L. A., Black, E., Duff, W. P., Black, N. P., Saliba, H., & Dawson, K. (2015). Protected health information on social networking sites: ethical and legal considerations. Journal of medical Internet research , 13 (1), e8.
