when a state requirement exists which compels a healthcare facility to report patient information

by Dr. Litzy Swift I 6 min read

FAQs on Reporting COVID-19 Vaccination Data | NHSN

23 hours ago  · At this time, only skilled nursing facilities are required to report COVID-19 vaccination data. Please refer to the final rule issued by the Centers for Medicare & Medicaid Service on 8/13/21. CMS Skilled Nursing Facilities (SNFs) should also review the final rule issued by the Centers for Medicare & Medicaid Services on 5/13/21. >> Go To The Portal


When reporting the number of patients receiving dialysis care from the facility?

Q63. When reporting the number of patients receiving dialysis care from the facility during the current reporting week, do we include patients that expired? Yes, if the patient received care in the facility for at least 1 day during the reporting week, they would be counted in Question #1 on the data collection form for the current week.

Does a hospital have the right to disclose PHI to public health?

The hospital has provided the public health department with the PHI of all patients treated for the illness. Did the hospital have the right to disclose this information? Yes, the hospital may disclose PHI to a public health department if state law does not specifically require it if the disclosure is for controlling the spread of disease.

What if a facility cannot obtain information on medical contraindications?

If a facility is not able to obtain information on medical contraindications, then the facility can enter a zero (0) in the NHSN application for this question. Q36 Which individuals are considered completely vaccinated?

When should healthcare personnel be included in the data?

If healthcare personnel were eligible to have worked in hospital and dialysis facility, each facility should include the personnel in their data. Q67. How should we report data if none of the patients at my facility have received an initial COVID-19 vaccine series?

Why is compliance important in healthcare?

Healthcare compliance professionals are needed to help clinical facilities and organizations address the ever-growing government regulations that set privacy and usage standards for patient information, ensure quality patient care, prevent fraud and protect healthcare staff.

When was HIPAA passed?

The Healthcare Information Portability and Accountability Act (HIPAA), passed in 1996 and implemented in 2003, spurred the need for healthcare compliance across the industry. HIPAA mandates (among other things) industry-wide standards and processes for the protection and confidential handling of patient health information.

What is the CMS?

The Centers for Medicare and Medicaid Services (CMS) within the HHS is responsible for the administration of Medicare, Medicaid and the Children’s Health Insurance Program (CHIP). However, administering these programs includes the enforcement of a web of compliance statutes and reimbursement steps that healthcare organizations must follow.

How much money was lost in healthcare fraud in 2016?

As of 2016, U.S. healthcare spending reached $3.3 trillion, according to the Centers for Medicare and Medicaid Services (CMS). Of that figure, roughly 3% to 10% is lost to fraud based on estimates by the National Health Care Anti-Fraud Association and Federal Bureau of Investigation. A number of laws, statutes and even entire units exist to combat fraud and waste. For physicians and compliance professionals, understanding these laws is crucial, as violations can result in criminal charges, fines and, for physicians, possibly the loss of their medical license.

What is a Medicaid fraud unit?

Medicaid Fraud Control Units (MFCU) investigate and prosecute Medicaid provider fraud (which falls under the False Claims Act), as well as patient abuse or neglect in healthcare facilities. Each state has its own MFCU, usually a part of the State Attorney General’s office, with the OIG responsible for exercising oversight. An important role of healthcare compliance is working with the MFCU, or depending on the size of the facility, setting up an internal Medicaid fraud control team to ensure compliance through auditing and monitoring for fraudulent activity.

What is the ACA compliance program?

The ACA outlines seven core elements for organizations to follow in establishing an effective compliance program, with the OIG providing best-practice guidance.

What is HITECH in healthcare?

The Health Information Technology for Economic and Clinical Health Act (HITECH) promotes standardized electronic health records (EHR). The act was implemented in 2009 to address the privacy and security concerns of patient data, EHR files and how they’re shared. HITECH strengthens the enforcement of HIPAA’s protected patient information rules, requiring the Department of Health and Human Services Office for Civil Rights to conduct periodic provider audits and stiffening penalties for breaches of information, meaning a provider or facility found noncompliant can face a fine of up to $1.5 million.

What to do if a patient is requesting identity theft information?

Refer the request to the hospital's medical identity theft committee to ascertain if this is indeed the patient requesting the information.

Why does his wife authorize access to his house?

His wife may authorize access because she is next of kin and they are still married.

What is the purpose of verification?

Verify the authenticity of the request and provide information.

Does Gina require genetic information?

Mr. Jones informs the employer that GINA regulations prohibit employers from requiring genetic information as part of the employment process .

Is adoption a confidential document?

Most state laws deem adoption records to be confidential and allow their release only under what circumstance?

Does Hope Hospital have a release of information?

The release of information manager at Hope Hospital has received a request to obtain copies of an individual's recent hospitalization for spousal abuse. Upon reviewing the request, the manager notices that the signature on the request does not look like the patient's signature on the informed consent in the patient's medical record. What would be the best course of action?

Can a mental health professional testify without a patient's consent?

A mental health professional cannot be compelled to testify or disclose protected health information without patient authorization in a judicial situation except in what situation?

What is the purpose of verification?

Verify the authenticity of the request and provide information.

Can a hospital disclose PHI?

Yes, the hospital may disclose PHI to a public health department if state law does not specifically require it if the disclosure is for controlling the spread of disease.

Can a woman request an account of the disclosure about her birth?

She may request an account of the disclosure about the birth.

What is the purpose of verification?

Verify the authenticity of the request and provide information.

Can a woman object to the reporting of birth?

She may object to the reporting of the birth.

What is the Office of Facility Licensure?

Office of Facility Licensure – Manages licensing, certification and oversight for more than 20,000 health care facilities and services.

What is the phone number for HFR?

Contact HFR. Primary: (404) 657-5700. Healthcare Facility Regulation (HFR), a division of the Department of Community Health (DCH), is responsible for health care planning, licensing, certification and oversight of various health care facilities and services in Georgia.

Safeguarding Privacy and Ensuring Quality Care

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The U.S. Department of Health and Human Services’ (HHS) Office of the Inspector General (OIG)is the governmental wing responsible for protecting patient privacy, ensuring quality care and combating fraud by ensuring healthcare organizations are compliant with federal healthcare laws and HHS programs. The Healthcare Infor…
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Fighting Fraud and Abuse

  • As of 2016, U.S. healthcare spending reached $3.3 trillion, according to the Centers for Medicare and Medicaid Services (CMS). Of that figure, roughly 3% to 10% is lost to fraud based on estimatesby the National Health Care Anti-Fraud Association and Federal Bureau of Investigation. A number of laws, statutes and even entire units exist to combat fraud and waste. For physician…
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Protecting Healthcare Workers and The Public

  • While the OIG and the above-mentioned regulations are designed to ensure fair billing practices, combat fraud and protect patient health and rights, compliance protocols in place under OSHA, FEMA, and the DHS protect healthcare workers and the public. The Occupational Safety and Health Administration (OSHA), created by the Occupational Safety and Health Act of 1970, withi…
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Staying on Top of Regulations

  • In a fluid regulatory landscape, healthcare compliance will only grow more complex, and the need for qualified professionals to lead organizations through the regulatory minefield will grow more intense. Experience in public policy, law, loss prevention, and strategic management, coupled with an agile workstyle and innovative mindset, are some of the valuable knowledge bases, and skill …
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