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Bill: Health Insurance Privacy and Accountability Act (HIPAA)
Details
Submitted by[?]: Leutes Kommunistische Liga
Status[?]: defeated
Votes: This bill is a resolution. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.
Voting deadline: July 2787
Description[?]:
| TITLE I: Preventing Health Care Fraud and Abuse; Administrative Simplification; Medical Liability Reform PRIVACY SECURITY: * Administrative Safeguards – policies and procedures designed to clearly show how the entity will comply with the act o Covered entities (entities that must comply with HIPAA requirements) must adopt a written set of privacy procedures and designate a privacy officer to be responsible for developing and implementing all required policies and procedures. o The policies and procedures must reference management oversight and organizational buy-in to compliance with the documented security controls. o Procedures should clearly identify employees or classes of employees who will have access to electronic protected health information (EPHI). Access to EPHI must be restricted to only those employees who have a need for it to complete their job function. o The procedures must address access authorization, establishment, modification, and termination. o Entities must show that an appropriate ongoing training program regarding the handling of PHI is provided to employees performing health plan administrative functions. o Covered entities that out-source some of their business processes to a third party must ensure that their vendors also have a framework in place to comply with HIPAA requirements. Companies typically gain this assurance through clauses in the contracts stating that the vendor will meet the same data protection requirements that apply to the covered entity. Care must be taken to determine if the vendor further out-sources any data handling functions to other vendors and monitor whether appropriate contracts and controls are in place. o A contingency plan should be in place for responding to emergencies. Covered entities are responsible for backing up their data and having disaster recovery procedures in place. The plan should document data priority and failure analysis, testing activities, and change control procedures. o Internal audits play a key role in HIPAA compliance by reviewing operations with the goal of identifying potential security violations. Policies and procedures should specifically document the scope, frequency, and procedures of audits. Audits should be both routine and event-based. o Procedures should document instructions for addressing and responding to security breaches that are identified either during the audit or the normal course of operations. * Physical Safeguards – controlling physical access to protect against inappropriate access to protected data o Controls must govern the introduction and removal of hardware and software from the network. (When equipment is retired it must be disposed of properly to ensure that PHI is not compromised.) o Access to equipment containing health information should be carefully controlled and monitored. o Access to hardware and software must be limited to properly authorized individuals. o Required access controls consist of facility security plans, maintenance records, and visitor sign-in and escorts. o Policies are required to address proper workstation use. Workstations should be removed from high traffic areas and monitor screens should not be in direct view of the public. o If the covered entities utilize contractors or agents, they too must be fully trained on their physical access responsibilities. * Technical Safeguards – controlling access to computer systems and enabling covered entities to protect communications containing PHI transmitted electronically over open networks from being intercepted by anyone other than the intended recipient. o Information systems housing PHI must be protected from intrusion. When information flows over open networks, some form of encryption must be utilized. If closed systems/networks are utilized, existing access controls are considered sufficient and encryption is optional. o Each covered entity is responsible for ensuring that the data within its systems has not been changed or erased in an unauthorized manner. o Data corroboration, including the use of check sum, double-keying, message authentication, and digital signature may be used to ensure data integrity. o Covered entities must also authenticate entities it communicates with. Authentication consists of corroborating that an entity is who it claims to be. Examples of corroboration include: password systems, two or three-way handshakes, telephone callback, and token systems. o Covered entities must make documentation of their HIPAA practices available to the government to determine compliance. o In addition to policies and procedures and access records, information technology documentation should also include a written record of all configuration settings on the components of the network because these components are complex, configurable, and always changing. o Documented risk analysis and risk management programs are required. Covered entities must carefully consider the risks of their operations as they implement systems to comply with the act. (The requirement of risk analysis and risk management implies that the act’s security requirements are a minimum standard and places responsibility on covered entities to take all reasonable precautions necessary to prevent PHI from being used for non-health purposes.) TITLE II: Ensuring The Accountability of Patient History and Information National Electronic System (ETAPHINES) *The Departments of the Interior, Health and Human Services, and Science and Technology shall collaborate to establish a national Electronic information storage database for all Hospitals o All hospitals will connect to the mainframe within 5 years of the implementation of the HIPAA Act o The ETAPHINES will automatically update and scan itself for up-to-date information TITLE III: The Punishment Of Patient Accountability Fraud (POPAF) *The Department of Justice will be responsible for enforcing TITLE III of HIPAA o Any Breach of Title I is punishable with up to 25 years in prison, revoking of medical license, and fine against the hospital in question o TITLE III may be amended by the Department of Justice as they see fit. |
Proposals
Debate
These messages have been posted to debate on this bill:
| Date | 02:36:07, July 15, 2009 CET | From | Socialist Party of Greater Hulstria | To | Debating the Health Insurance Privacy and Accountability Act (HIPAA) |
| Message | You can't rip something word for word from a RL piece of legislation. |
| Date | 04:51:48, July 15, 2009 CET | From | Leutes Kommunistische Liga | To | Debating the Health Insurance Privacy and Accountability Act (HIPAA) |
| Message | I only ripped the first part word for word from the legislation because I found no better way to summarize it, and it's actually taken from an article written about the article, so it's not quite word for word, the first section. |
| Date | 05:01:16, July 15, 2009 CET | From | Socialist Party of Greater Hulstria | To | Debating the Health Insurance Privacy and Accountability Act (HIPAA) |
| Message | Still, I'm a real stickler about originality, and plagerism is something that should not happen here. Plus, the provisions don't really fit with the provisions listed, so maybe if you split the two it would work a little better. |
| Date | 06:04:11, July 15, 2009 CET | From | Leutes Kommunistische Liga | To | Debating the Health Insurance Privacy and Accountability Act (HIPAA) |
| Message | Nonetheless, it's only 1 part of 3, and it wasn't taken directly from the bill, so you get the point. Title 1: Lots of Security for Info Title 2: Big network Title 3: Punishments out the wazoo |
| Date | 05:13:34, July 16, 2009 CET | From | Socialist Party of Greater Hulstria | To | Debating the Health Insurance Privacy and Accountability Act (HIPAA) |
| Message | Anybody else aware we had a Department of the Interior? How about health and human services? The entire bill is plagerised and its not ok. |
| Date | 03:20:45, July 18, 2009 CET | From | Leutes Kommunistische Liga | To | Debating the Health Insurance Privacy and Accountability Act (HIPAA) |
| Message | Ministry, crucify me. |
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Voting
| Vote | Seats | ||||
| yes | Total Seats: 241 | ||||
| no |
Total Seats: 484 | ||||
| abstain | Total Seats: 0 |
| Random fact: Particracy allows you to establish an unelected head of state like a monarch or a president-for-life, but doing this is a bit of a process. First elect a candidate with the name "." to the Head of State position. Then change your law on the "Structure of the executive branch" to "The head of state is hereditary and symbolic; the head of government chairs the cabinet" and change the "formal title of the head of state" to how you want the new head of state's title and name to appear (eg. King Percy XVI). |
| Random quote: "The packaging for a microwavable 'microwave' dinner is programmed for a shelf life of maybe six months, a cook time of two minutes and a landfill dead-time of centuries." - David Wann |