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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 core principles of privacy addressed by these principles are: 1. Notice/Awareness [12] Consumers should be given notice of an entity's information practices before any personal information is collected from them. [12] This requires that companies explicitly notify some or all of the following: identification of the entity collecting the data;
There are many forms of PHI, with the most common being physical storage in the form of paper-based personal health records (PHR). Other types of PHI include electronic health records, wearable technology, and mobile applications. In recent years, there has been a growing number of concerns regarding the safety and privacy of PHI.
In some cases, an entity wishing to "share" (disseminate) information is required to provide a notice, such as a GLBA notice or a HIPAA notice, requiring individuals to specifically opt-out. [48] These "opt-out" requests may be executed either by use of forms provided by the entity collecting the data, with or without separate written requests.
The Health Insurance Portability and Accountability Act (HIPAA) privacy rules [22] requires notice in writing of the privacy practices of health care services, and this requirement also applies if the health service is electronic. [23]
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]