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Protected Health Information

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0% found this document useful (0 votes)
23 views12 pages

Protected Health Information

Uploaded by

greg
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Protected Health Information (PHI) 's role in healthcare is crucial since it encompasses personal and

confidential information about an individual's physical well-being. Additionally, the need to secure
Electronic Protected Health Information (ePHI) arises from the escalating use of technology in managing
medical records. This module covers the:
◼ Definitions and distinct features of both PHI & ePHI and
◼ Explains why they must be protected within the healthcare realm.

When it comes to any medical data - present, past, or future that affects someone's physical and
emotional well-being, which is held, made/maintained by covered entities or associated organizations, it
comes under the banner of PHI. This contains information such as

➤ medical histories
➤ treatment details
➤ test outcomes
➤ all identifiable patient information
The term PHI refers to both electronic and paper-based health records, and the ways
to share information include oral as well as written and digital methods. Ensuring the
privacy and confidentiality of sensitive PHI information is essential to protect PHI
from unauthorized access or disclosure.

For a piece of information to be considered an ePHI, it has to be created or stored in


an electronic format while being transmitted. Email communications and other
electronic mediums, such as electronic health records (EHRs) and computer
databases, store health-related information digitally. Electronic systems have
become increasingly important for healthcare organizations due to advances in
technology and the subsequent growth of ePHI.
The feature allows for efficient storage, retrieval, and exchange of health information
in ePHI's electronic format. Collaboration amongst healthcare professionals is
improved through ePHI, enabling them to access comprehensive patient information
from different sources, leading to prompt delivery of informed medical attention.
Even though ePHI is in an electronic format, it introduces unique challenges in
keeping its privacy and security.

By protecting ePHI -
➤ you can comply with regulatory requirements,
➤ maintain patient confidentiality, and
➤ avoid security violations.
HIPAA demands that covered entities, alongside their associates, implement
administrative security measures according to established rules to safeguard ePHI.
Our strategies for ensuring the safety of sensitive information include implementing
encryption mechanisms like

➤ access control measures


➤ audit controls
➤ daily backups of data
➤ staff training on security protocols
Keeping up with the changes in the threat landscape makes safeguarding ePHI
challenging, and the risk to the security and confidentiality of ePHI is considerable
due to cyberattacks and data breaches. Healthcare organizations conducting regular
evaluations of potential threats through robust security measures alongside frequent
risk analyses and vulnerability assessments can ensure a safe environment in
healthcare.

➢To satisfy HIPAA requirements & keep ePHI safe, covered entities & business
associates can utilize safety measures like encrypted data (in transit or rest),
intrusion detection systems, etc.

➢Policies and procedures must be established to guide employees who handle ePHI
correctly. Regularly conducted training on security awareness plays a vital role, and
responders' reaction plans need to be put into effect immediately in case of a breach
or other security issues.

 Electronic Personal Health Information (ePHI) must be protected to avoid


severe consequences, as breaches may lead to various problems for
individuals and the organization. Compromises could compromise privacy or
reputational damage while losses or legal proceedings could ensue as a result
of any violation related to HIPAA regulations - fines could even apply civilly,
along with possible criminal charges from HHS imposed for violations related
to these regulations.The distinction between PHI and its electronic counterpart
lies in whether or not it's individually identifying. To maintain the sanctity of
patients' information in today's digital healthcare landscape, safeguarding
their ePHI through proper security measures must be a top priority. Ensuring
the secure storage and exchange of electronic patient healthcare information
that maintains patient confidence requires strict adherence to HIPAA's
Security rules in conjunction with implementing concrete security
measures.Preserving protected health information (PHI) is a vital element in
maintaining healthcare privacy and security, and it's crucial to grasp what
constitutes PHI to adhere to regulations like HIPAA. The identification process for
various forms of PHI can be complicated, but achieving accurate recognition is
significant as safeguarding such sensitive patient information proves vital in the
healthcare industry. Several processes are given following:The maintenance and
creation of PHI are limited exclusively to the activities carried out by covered
entities or business partners working with them. However, maintaining the
confidentiality and security of various healthcare data forms while protecting
patient privacy was the main reason for broadly defining PHI. Information within
the scope of this description can be conveyed through multiple channels, such as
orally or in writing, along with different forms of electronic media.
 The initial and fundamental step in identifying PHI is understanding what
constitutes personally identifiable information, which pertains to any information
capable of identifying someone directly or indirectly. Names and addresses are
examples of individually identifiable information.

 The second factor in recognizing PHI involves understanding its correlation with a
person's medical records. Information regarding an individual's mental or
physical health status, healthcare history, or payments are all-encompassed. It
contains comprehensive information on an individual's well-being, like, their
medical diagnosis, treatment plan, test result, prescription, hospital record, and
other details.
PHI comes in numerous shapes and sizes and may appear across various mediums.
Medical charts and handwritten notes, traditional paper-based records holding
sensitive information such as PHI, should be securely protected to ensure patient
privacy. The prevalence of electronic health record (EHRs) usage and other digital
systems has led to a rise in the availability of PHI in an electronic format. Electronic
personal health information, ePHI for short, is considered any time a patient's digital
information is used/stored, and the available data exists in various electronic
platforms, such as email servers to computer networks.EPHI comes in many forms,
such as digital medical records and x-rays, commonly found within electronic
databases where lab results are often stored. Healthcare professionals communicate
via email for work purposes also constitutes ePHI alongside patient information
obtained through online portals.◾ Phi is not simply one isolated set of information
but rather the culmination of many groups that, when combined, demonstrate a
person's medical status. Aggregating various data points can lead to identifying an
individual and their medical conditions, even if some information cannot be used
individually. Not properly recognizing and guarding PHI can result in significant
outcomes such as reputational loss, monetary fines, and legal accountability for any
breach of patient privacy. Therefore, healthcare organizations must establish
guidelines for identifying and managing PHI.

◾ By receiving regular training on identifying PHI in health records, healthcare


providers can gain an increased awareness of the sensitivity of this data. The
training focuses on defining PHI and teaching safe transmission and handling
methods while emphasizing the importance of confidentiality in gaining patients'
trust.

◾ The safeguarding of PHI is critical to ensuring patient privacy is maintained and


HIPAA compliance standards are met to build trust within the healthcare community.
To ensure the confidentiality and safety of PHI are maintained alongside restricted
access purely being granted for healthcare reasons by authorized persons alone.
Covered entities and their business associates must adopt appropriate protective
measures.Personal identifying medical details about an individual's physical or mental
well-being in the present, past, and future comprise PHI, and both paper-based and
electronic versions are available. Safeguarding patients' privacy and complying with
HIPAA regulations necessitate the precise identification of PHI, and ensuring that all
workforce members know about recognizing PHI and how to handle sensitive health
information securely are significant steps towards safeguarding patient privacy within
healthcare institutions. Providing a trustworthy and intact healthcare system while
preserving patient privacy is made possible through this course of actionHIPAA, or the
Health Insurance Portability and Accountability Act of 1996 (HIPAA), is an expansive
federal law that sets forth standards and guidelines to safeguard individuals' protected
health information (PHI). HIPAA applies to covered entities like healthcare providers,
plans, clearinghouses, and business associates; we will discuss its application regarding
PHI and its principles as we discuss its importance in safeguarding patient privacy.

Here, we explore HIPAA in more depth concerning PHI compliance measures such as
critical principles and significance compliance in maintaining patient privacy protection
measures.

HIPAA safeguards PHI's confidentiality, integrity, and availability while permitting its
exchange for healthcare purposes such as treatment, payment, or operations. PHI
comprises any identifiable health data created, received, or maintained by covered
entities or business associates about an individual's physical or mental health.

➢ Practical HIPAA compliance demands that covered entities understand and


implement its fundamental principles, with one essential guide being written consent
being sought before using or disclosing PHI in certain limited instances - giving
patients control over how their healthcare information is shared or utilized.

HIPAA grants individuals certain rights regarding their PHI. Specifically, individuals
can access medical records containing them, request correction of inaccuracies
within those records if desired, and receive an accounting of any disclosures
involving that PHI. Covered entities are bound to respect and uphold these rights in a
way that allows individuals to exercise them fully.

➢ HIPAA places great importance on restricting how PHI can be used and disclosed,
with covered entities using or disclosing information only when necessary to treat,
pay, or operate healthcare operations unless individuals provide written
authorization or when mandated by law. This principle ensures health information
does not misuse for unjustified reasons or shared without reasonable cause to
reinforce patient trust and privacy.
HIPAA requires covered entities to implement administrative, physical, and technical
safeguards to secure PHI. Such securities include access controls, encryption, backup
data backup systems, and staff training programs to mitigate risks or vulnerabilities
associated with PHI. By employing such measures effectively, covered entities can
lower their chances of unauthorized access, breaches, and security incidents that
might compromise their confidentiality or integrity and thus maintain it for future
use.

Complying with HIPAA is critical for covered entities and their business associates;
noncompliance can result in severe penalties and legal liabilities for both entities and
business associates alike. HHS enforces HIPAA with the authority to investigate
complaints, conduct compliance reviews, and impose fines for violations as monetary or
even criminal charges depending on the severity and extent of the breach.
➢ Strict adherence to HIPAA guidelines is necessary for protecting patient information
as they assure patients that healthcare providers will safeguard their private and highly
personal information when shared during treatment.

➢ HIPAA compliance is crucial for enhancing healthcare delivery systems since it


ensures standardization in privacy and security practices while facilitating the
interoperability of health data systems. Consequently, this grants healthcare providers
access to accurate, comprehensive, up-to-date information supporting informed
decision-making for continuity of care, improved efficiency, and optimal service
provision.

➢ HIPAA applies to PHI to safeguard individuals' healthcare information's privacy,


security, and integrity. Covered entities and their business associates must understand
and abide by its principles - such as getting consent before accessing and disclosing
patient records as well as restricting the use and disclosing under HIPAA requirements -
not only to ensure legal compliance but also to foster patient trust while upholding
confidentiality in healthcare systems and ensure efficient data exchange within them.

Healthcare organizations take responsibility for safeguarding Personal Health


Information (PHI) seriously. Under HIPAA's requirements, providers must employ best
practices that secure their confidentiality, integrity, and accessibility while
complying with regulatory guidelines of its handling - these practices encompass
administrative and physical/technical safeguards - in this section, we explore these
essential regulations further.

➜ Identify potential threats and weaknesses to perform a complete analysis of risks


affecting PHI. By examining an organization's security posture, one can identify
potential vulnerabilities and implement appropriate safeguards to minimize risk.

Create safeguards with administration in mind: policies, procedures, and training


programs can be implemented to ensure employees handle PHI responsibly.
Effective practice includes appointing Privacy Officers & Security Officers to enforce
privacy measures & regulations with consistent staff training resulting in improved
organizational compliance.

➜ Restricting the utilization and reachability of PHI can be achieved by setting up an


authorization system, so only those with legitimate reasons may have access to
sensitive information. Strong passwords and unique user identifications must be
coupled with regular review and maintenance of access permissions to achieve
secure authentication. Further, establish guidelines for examining and controlling
access to protected health information while monitoring non-approved or improper
use.

To ensure the security of PHI during transmission and storage, use encryption
techniques. Encryption heightens the level of protection by scrambling confidential
information in a specific pattern which requires an exclusive decryption code to
understand. In cases of data breaches or intercepted communication preventing
unapproved access to PHI becomes more critical.

➜ Introduce safety precautions to ensure that only authorized users can physically
access stored PHI. Facility security is one of our top priorities, so we implement
multiple layers of protection, such as controlled access points with surveillance
systems. Visitor management protocols ensure everyone who enters the facility is
accounted for, while our secure storage keeps paper records safe. In addition, the
goal is to prevent any unauthorized access to PHI, so implementing proper disposal
procedures such as shredding and secure destruction can help achieve this.

Regular employee training and education are essential to update employees on


security practices. Ensuring adequate protection against cybersecurity threats in the
healthcare industry requires appropriately trained staff. They must know how to
identify PHI accurately to handle it properly while preventing data breaches through
awareness of phishing and social engineering attacks around them.

➜ Establish guidelines for reacting to incidents by implementing an incident


response protocol that outlines the appropriate actions when facing a data breach or
other security events with PHI. These protocols comprise incident reports and breach
containment methods to reduce possible harm by engaging parties impacted
following legal requirements.

Periodic reviews of existing security measures through regular security audits and
assessments can help identify vulnerabilities or gaps that need improvement. It's
essential to keep security controls up-to-date so that they continue to align with new
challenges and regulatory demands.

➜ Ensure professional agreements (BAAs) are maintained when dealing with


business partners with access to PHI, outlining how they should ensure its protection.
To adhere to the same privacy and security standards as covered entities, BAAs
require compliance from business associates.

Keep current with regulatory changes by following new legislation or guidelines for handling
PHI and privacy practices. Reviewing policies and procedures ensures they remain aligned with
any changes while maintaining compliance with HIPAA standards.
Conclusion: Mitigating risks and ensuring the privacy of patients is achievable by
healthcare organizations by implementing these best practices in handling PHI
effectively. Conforming to these practices keeps you compliant with regulations. It gains
patient confidence, protecting private health data and maintaining a robust healthcare
structure.

To safeguard confidential medical data effectively, covered entities and business


associates must play their part in adhering to healthcare privacy regulations. Protected
health information (PHI) handling by a healthcare provider or health plan falls under the
purview of a covered entity as per the HIPAA Act of 1996. Compliance with HIPAA
regulations is a legal obligation for these entities to secure the privacy and safety of
patient data.

Covered entities : Hospitals or clinics, along with healthcare practitioners such as


doctors or nurses, comprise the group of covered entities that offer medical services,
focusing on providing direct medical care to patients. Health plans are designed to
provide coverage for various entities, including insurance companies like Medicaid, or
for other means of accessing healthcare. In contrast, healthcare clearinghouses act as
middlemen to convert non-standard health information into a standard format.
★ An external entity offering specialized assistance to a covered entity with access to
PHI is a business associate. PHI handling on behalf of covered entities is often assisted
by individuals or organizations known as business associates. Included in the definition
of a business associate are billing organizations together with IT service suppliers along
with businesses providing cloud-based data storage or transcription solutions

The relationship between covered entities and business associates hinges on their
contractual agreement, which outlines how both parties must protect PHI. The BAA
holds business associates accountable for meeting HIPAA standards of compliance. It
provides suggestions on how to maintain secure handling of sensitive information.

★ Covered entities should be cautious when choosing which business associate they
would like to work with, as their privacy and security practices must be evaluated for
the presence of necessary safeguards to protect PHI. To ensure security measures, we
perform risk assessments while putting in place access controls that involve encryption
of data as well as establish procedures for responding to incidents.

Furthermore, the covered entities should watch closely over their commercial partners'
actions so they abide by regulations continually. To avoid any potential weaknesses or
security issues in managing PHI, it is advised to perform periodic audits and
assessments. The responsibility of covered entities is to take suitable actions when
faced with non-compliance from their business associates, which could lead to the
termination of the contract.

★ As healthcare technology evolves with the increasing use of digital platforms, so does
the concern for data security and privacy. Covered entities and their business partners
must adopt comprehensive cybersecurity strategies and remain informed on the latest
security challenges.

The importance of comprehending the roles and responsibilities of covered entities &
business associates must be balanced when it comes to maintaining PHI's privacy &
security. Selecting and managing business associates is critical for covered entities to
ensure compliance with HIPAA regulations. To establish patient trustworthiness while
contributing to individuals' well-being and the healthcare system, healthcare
organizations must instil values promoting privacy & security.

Conclusion: Covered entities and business associates are crucial components of the
healthcare ecosystem working collaboratively toward securing private and sensitive
patient information. Through contractual agreements, they ensure responsible handling
of PHI following HIPAA regulations. Data security is given priority by these entities
contributing to building patients' trust and confidence in the healthcare system.

HIPAA's Privacy Rule ensures that individuals have specific rights relating to the privacy
and confidentiality of their protected health information (PHI), allowing patients to
control their health information through these rights and promoting trust and
transparency in our healthcare system

.The HIPAA Privacy Rule assured that individuals have the right to access and acquire
their own PHI. It is the prerequisite for individuals to ask for and be given access to their
medical records and other health information kept by covered entities. Reviewing their
healthcare information by exercising this right allows patients to verify its precision
while improving comprehension of diagnoses and treatment methods.

ndividuals have a right to amend their PHI records if they believe they need to be more
accurate or complete. Additionally, they can also view these records. This entitlement
allows patients to confirm that their health record faithfully represents all pertinent
details about past illnesses and ailments. To meet the required standards, covered
entities must consider these amendment requests and make appropriate changes if
needed. In denial of an amendment request, people can put forth a statement
expressing their dissent in their document.

Also, citizens retain a prerogative to stipulate restrictions on exploiting and unveiling


their PHI to maintain the confidentiality of personal medical records. Some patients
might impose restrictions on sharing their health information with others. Specific
details might be asked by the patient not to be shared with some individuals or entities;
despite this fact, entities falling under the definition of 'covered' are not bound entirely
in favour of obliging these pleas until and unless the revelation links with a medical aid
wholly reimbursed by an individual.

The ability to receive an accounting of disclosures plays a vital role in upholding the
HIPAA Privacy Rule; under this right, an individual can obtain a copy of the record
showing when and to whom a covered entity shared their PHI. The financial record
includes non-treatment and non-payment-related disclosures, allowing patients to trace
the movement of their medical information and confirm its correct management.

Requesting confidential communication on PHI is also a right of individuals, and patients


are entitled to request that covered entities maintain their privacy by communicating
with them using alternative means or at specific locations. The option to use email over
postal delivery may be the favoured choice for several patients when getting their test
results and appointment reminders. Requests regarding private communications that
are deemed reasonable will be accommodated by covered entities.

Individuals have the right to file complaints under the HIPAA Privacy Rule when there is
a suspicion that it violates their privacy. To file objections within the USThe Department
of Health and Human Services deals with issues concerning public welfare, including
investigating complaints and ensuring compliance with privacy regulations for covered
entities, a responsibility placed on the shoulders of the OCR. Additionally, retaliation is
prohibited when an individual files a complaint.

Covered entities can build a model of healthcare focused on patients by upholding and respecting
their rights and prioritizing the values of confidentiality and privacy. Healthcare providers and
other entities should communicate these rights clearly to their employees, who should be trained
in processes that ensure prompt and secure fulfillment of such requests.

The HIPAA privacy rule grants individuals rights to manage and share their data, promoting
more insight into the healthcare industry. Accessing their PHI and requesting changes or
restrictions on its use and disclosure are among the options available to individuals who exercise
these rights. To protect their privacy, patients can count on being empowered by having the right
to an accounting of disclosures or confidential communications and by being able to file a
complaint. Covered entities that adhere to these rights can foster patient trust while ensuring the
confidentiality of their health information.
PHI refers to any identifiable health information produced by a covered entity or
business partner while delivering healthcare services. The Health Insurance Portability
and Accountability Act (HIPAA) Privacy rule governs the use and disclosure of PHI to
safeguard individual data protection

Using an individual's health information by covered entities and business associates


concerning treatment purposes or payment and healthcare operations constitutes PHI.
Treating patients entails the provision and management of healthcare as well as related
services. Healthcare providers caring for a particular patient share their health records
to maintain the quality and consistency of treatment.

The activities about the reimbursement and billing of healthcare services


constitute payment purposes. Covered entities are authorized to share PHI to
process claims and receive payment from health plans or other responsible
parties by confirming eligibility. To help process payment for provided
medical services, the healthcare provider may share pertinent patient
information with the insurance company.

➢ Legal affairs and quality improvement measures related to healthcare


operations constitute an extensive range of activities covered entities
handle. Ensuring compliance with regulations entails several tasks, including:
● Conducting audits and evaluating the performance of healthcare
personnel.
● Improving the efficiency and quality of healthcare delivery by applying
PHI for these purposes is possible.
Public health interventions
When individuals' health information is shared with entities not part of the covered
entity or business associate, it counts as a disclosure of PHI, among other things like
public health activities and research, etc.; HIPAA Privacy Rules allow sharing of PHI.

➢ Public health interventions are implemented to safeguard and improve population


wellness, and public health authorities are authorized recipients of the disclosure of PHI
from covered entities, which helps them with tasks such as investigating infectious
diseases. This revelation is crucial for maintaining our local area's good health and
prosperity.

Disclosures
➢ In some cases, such as complying with court orders or responding to crimes by
providing information about particular types of wounds and injuries, disclosures might
be needed. We make these disclosures to assist law enforcement agencies in fulfilling
their duties while still maintaining the privacy rights of individuals.
➢ To conduct scientific investigations and studies, researchers require sharing PHI as
part of research disclosures. However, there is usually a need for patient approval
before disclosing information, in addition to stringent protection against invasion of
privacy either employing de-identification or acquiring waivers issued through
institutional review boards.

PHI sharing
➢ Individuals who care for someone can receive PHI sharing, like close friends and
family members. Besides, the covered organizations also have the authority to expose
PHI for donating corneas, bones, tendons, etc., to identify the cause behind death
through autopsy by a coroner/medical examiner and avoid all sorts of life-threatening
events.

➢ Protecting an individual's privacy is a top priority under the HIPAA Privacy Rule, even
though uses and disclosures of PHI may be permitted in specific scenarios. Covered
entities and business associates should implement reasonable safeguards to prevent
PHI from being used or disclosed without authorization. Compliance with HIPAA
regulations is ensured by implementing access control encryption of data staff training
policies and procedures.

Healthcare depends on PHI's uses


➢ Healthcare depends on PHI's uses and disclosures to provide treatment options and
ensure proper compensation for service while supporting operational needs. Besides,
revealing information related to law enforcement or other essential purposes helps
enhance the overall healthcare conditions of society.

➢ To ensure effective healthcare delivery and protection of patient privacy, covered


entities, and business associates must grasp and follow the stipulations laid out by the
HIPAA Privacy Rule.

Minimum necessary standards

➢ HIPAA's Privacy Rule prioritizes the principle of minimum necessary standards. PHI
can only be used or disclosed by covered entities or business associates in limited
amounts under HIPAA regulations.

➢ The mere quantity of PHI for a specific goal is uncovered through compliance with the
minimum requirement to protect patient confidentiality. This principle applies in both
cases, whether it's an everyday or unique use/disclosure of PHI. To limit unnecessary
access or sharing of patient information, covered entities must scrutinize their practices
and take steps accordingly.
Policies and procedures
➢ Policies and procedures that outline the situations in which access or disclosure of PHI
occurs must be created by covered entities under the minimum necessary standard.
The creation of policy procedures must be mindful of specific requirements, such as the
nature of data requesters and recipients. Implementing the minimum required rule is
crucial in preventing unauthorized access to patient information.

➢ Also known as anonymization or pseudonymization, the deidentification of PHI plays a


pivotal role in enabling the utilization and release of medical information while
maintaining privacy. We can achieve de-identification by removing or altering specific
characteristics that can be used to identify individuals. Deidentification of PHI releases it
from being subject to HIPAA rules.

De-Identification of PHI
➢ HIPAA has identified two ways to de-identify information: by using either an expert or
a safe harbour. Engaging a skilled person or organization through an expert
determination method ensures that the risk of re-identification with de-identified
information is negligible. In contrast, by applying the safe harbour method and
eliminating 18 specific identifiers from health records, it is possible to guarantee that an
individual's privacy is maintained.

➢ Medical data stripped of personal identifiers can be employed and distributed without
patient consent or authorization, enabling the secondary use of health information
without violating individual privacy.
The risk of improper access and disclosure
➢ We must know that the risk of uncovering someone's identity remains even with
deidentification. However, HIPAA regulations are reapplied upon reidentification of the
information. Strict adherence to guidelines is necessary for covered entities when
transferring de-individualized information mitigating any potential risks.

➢ The minimum necessary standard and deidentification techniques ensure that


patients' personal information remains private, although they serve different functions.
The risk of improper access and disclosure can be reduced by complying with the
minimum necessary standards when accessing or sharing PHI. Conversely,
deidentification authorizes medical information usage and exposure for secondary goals
while respecting patient privacy.
Covered entities and business associates
➢ Covered entities and business associates can achieve a balanced approach to health
information access and patient privacy protection by implementing these privacy
principles. Following proper de-identification protocols and adhering to minimum
necessary standards helps promote responsible data sharing, thereby maintaining trust
and contributing towards the overall integrity and privacy of the healthcare system.

➢ To protect patients' private information in healthcare settings, adhering to the


minimum necessary standard and implementing de-identification procedures for PHI is
crucial. The minimum essential standards restrict PHI access and disclosure to ensure
patient confidentiality is not violated unless deidentification practices are employed.
Once these practices have been implemented, other uses can be made from this health
information. Implementing these principles allows for the appropriate utilization of
health information while maintaining patient privacy rights.

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