HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) POLICY Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) of North Texas Access Surgeons ("NTAS").
NTAS is known as a “Covered Entity” and has an obligation for ensuring the privacy and security of all patient information that it creates, receives, or uses. HIPAA provides a “federal floor” for the protection of health information and all NTAS employees must generally comply with state laws that are “more stringent” than HIPAA if it relates to the privacy of the protected health information and provides greater privacy protections for individuals’ health information, than HIPAA does. The procedures outlined in this policy are written to comply with both federal and state HIPAA laws and the Texas Health and Safety Code. It is the policy of NTAS to protect the privacy of its patients’ protected health information in accordance with HIPAA, HITECH, and other applicable federal and state laws. Accordingly, NTAS shall only use and disclose patients’ PHI as permitted herein and provided by the Notice of Privacy Practices. NTAS, Practices Physicians, and all of its employees must make every attempt to conform to all policies and regulations mandated by the federal and state governments regarding patient confidentiality issues. NTAS will maintain a designated HIPAA Compliance Officer to oversee all confidentiality issues and to serve as a contact point for health care providers, patients, and their families to voice 30 concerns, complaints, or to access records. NTAS HIPAA Compliance Officer will investigate any issues identified or reported. They will also be responsible for ensuring all employees and Practice Physicians have completed initial and ongoing HIPAA training. Compliance with this policy is mandatory. Adherence to this policy is a condition of continued employment, association with, or other relationship with NTAS. Violations of this policy may result in disciplinary measures up to termination of relationship with NTAS. HIPAA DEFINITIONS Covered Entity – Healthcare providers (including ambulance services) who bill electronically for healthcare services. Protected Health Information (PHI) – Any individually identifiable health information that is transmitted or maintained in any form or medium – whether electronic, verbal, or written, etc. PHI includes but is not limited to any information about health status, provision of healthcare, or payment for healthcare that can be linked to a specific individual. This is interpreted rather broadly and includes any part of a patient’s medical record or payment history. Individually identifiable health information – information, including demographic information collected from an individual, that is created or received by a healthcare provider; AND relates to the past, present, or future physical or mental health or condition of an individual; the provision of healthcare to an individual; or the past, present, or future payment for the provision of healthcare to an individual; and (1) identifies the individual; or (2) is a reasonable basis to believe the information can be used to identify the individual. “Texas Law” means the Texas Medical Record Privacy Act and related Texas privacy laws including, but not limited to, the Texas Health and Safety Code chapters 181 and 182 as amended by H.B. 300 (82nd Legislature) and any regulations promulgated pursuant thereto. “HIPAA” means, collectively, the Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economics and Clinical Health Act of 2009, and the regulations promulgated thereunder, as amended from time to time. For purposes of this policy, references to HIPAA are intended to include Texas Law, unless stated otherwise. (e.g., when Texas Law is more restrictive than HIPAA). We will never disclose any personal information such as Phone numbers and SMS consent with any third parties for marketing purposes.
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