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II. Duties & Operational Standards

 

B. HIPAA: Health Insurance Portability & Accountability Act     of 1996

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 mandated significant changes in the legal and regulatory environments governing the provision of health benefits, the delivery and payment of healthcare services, and the security and confidentiality of individually identifiable, protected health information. The law is composed of two major legislative actions: provisions for health insurance reform and requirements for administrative processes. Complying with all aspects of HIPAA has required that providers and all entities within the healthcare industry (including clinical research) to comply with certain standards in information systems, operations policies and procedures, and business practices.

Failure to comply with the electronic data, security or privacy standards can result in civil monetary penalties up to $25,000 per violation per year. Violation of the privacy regulations for commercial or malicious purposes can result in criminal penalties of $50,000 to $250,000 in fines and one to ten years of imprisonment. The Civil Rights Division of the DHHS is charged with enforcement and is recognized as a stringent “enforcer.” Providers who fail to comply also run the risk of violating public trust, which can have profound impact on public relations.

For more information: http://www.ucsf.edu/hipaa

All housestaff are expected to read and complete the provider module on the UCSF HIPAA website; individual departments monitor the compliance with this requirement.

Updated: May 18, 2007
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