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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. [57]
Under the HIPAA privacy rule, if a licensed health care professional has determined, in the exercise of professional judgement, that the access requested is reasonably likely to endanger the life or physical safety of the individual or another person, the facility may then refuse such a request; however, this is a reviewable decision that ...
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]
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A surrogate decision-maker, or durable power of attorney for health care (DPA/HC), must be documented. A common form that is valid in 40 states is Five Wishes. [4] [5] When filing an advance directive, an alternate health care agent should be identified. The surrogate decision maker must be a trusted individual that is able to make crucial ...
These practices are in place to protect the dignity of patients, and to ensure that patients feel free to reveal complete and accurate information required for them to receive the correct treatment. [22] To view the United States' laws on governing privacy of private health information, see HIPAA and the HITECH Act. The Australian law is the ...