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THE HUMAN RESEARCH PROTECTION PROGRAM

THE COMMITTEE ON HUMAN RESEARCH

HIPAA - DEFINITIONS

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Anonymized Data Identifiers removed and NO means exists for re-identifying patients/subjects.
Anonymous Data Never labeled with patient/subject identifiers (see also De-identified Data).
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Authorization Under HIPAA, the granting of rights to access PHI. Required by HIPAA for disclosures or uses other than for treatment, payment or operations (which are covered in the Notice of Privacy Practices). Treatment cannot be conditioned on granting of an authorization. An authorization is a specific, detailed document as to the PHI covered, its use, and includes an expiration date.

The mechanism for obtaining approval for the use and disclosure of health information. The American Health Information Management Association has recommended requirements for valid authorization. Within the context of a computer-based patient record system, these requirements would include that the authorization be documented (electronically), be addressed to a specific health care provider, specifically identify the patient, identify the individual or entity authorized to receive the information, identify the information that is to be released, specify the purpose for the disclosure, specify under what conditions the authorization will expire unless revoked earlier, indicate that the authorization is subject to revocation, be (electronically) signed by the patient or patient’s legal representative, and be dated.

The process by which a user is identified as what the subject claims to be. Authentication is a measure used to verify the eligibility of a subject and the eligibility of that subject to access certain information. It protects against the fraudulent use of a system or the fraudulent transmission of information.

Business Associate Entity outside of the organization to or from which PHI will be disclosed and which performs a business function for a covered entity. HIPAA requires Business Associate Agreement be in place. A contract entered into by two business partners in which it is agreed to exchange data where the data transmitted is agreed to be protected. The sender and receiver depend upon each other to maintain the integrity and confidentiality of the transmitted information. Multiple such two-party contracts may be involved in moving information from the originator to the ultimate recipient. For example, a provider may contract with a clearinghouse to transmit claims to the clearinghouse; the clearinghouse, in turn, may contract with another clearinghouse or with a payer for the further transmittal of these same claims.
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Common Rule The federal regulations covering protection of human subjects involved in research and adopted uniformly by all agencies, including NIH, FDA, OSHA, etc.
Confidentiality

A condition in which information is shared or released in a controlled manner. The property that information is not made available or disclosed to unauthorized individuals, entities or processes.

The status accorded to data or information indicating that it is sensitive for some reason, and that therefore it needs to be protected against theft or improper use and must be disseminated only to individuals or organizations authorized to have it. That authorization can be granted by the individual whose information is to be disclosed. Protection of confidentiality is an ethical standard of the health professions.

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Consent The voluntary agreement of an individual (informed and competent) for an action such as release of information. HIPAA permits but does not require a covered entity to obtain consent for use or disclosure of PHI for treatment, payment, or healthcare operations (in contrast to authorization needed for other uses or disclosures).
Covered Entity HIPAA regulations cover all health care providers, health plans or clearinghouses or any entities which include components engaged in these activities which transmits PHI electronically.
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Data Use Agreement An agreement between the investigator (recipient) and the covered entity that the investigator will protect the protected health information in a Limited Data Set and use it for the agreed upon purposes.
De-identified Data A record in which identifying information removed to render the information not subject to the HIPAA rules. Means exist to re-identify the patient if needed. See the list of 18 identifiers recognized under HIPAA.
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Designated Record Set Any item, collection, or grouping of information that is used to make decisions about the individual’s medical care and the bills generated to collect for that care and is maintained, collected, used, or disseminated by or for a covered entity.

The designated record set does not include information used solely in health care operations, information in draft form, schedules or appointment records or working notes.

Disclosure The release, transfer, provision of access to, or divulging in any other manner of PHI outside the entity holding the information. Requires a specific authorization under HIPAA except if disclosure is related to the provision of health care, payment or operations of the entity responsible for the PHI or under a limited set of other circumstances, as for public health purposes.
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Health Care Care, services, or supplies related to the health of an individual. Health care includes but is not limited to, the following: (1) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, and counseling, service, assessment, or procedure with respect to the physical or mental condition, or functional status, of an individual or that affects the structure or function of the body; and (2) Sale or dispensing of a drug, device, equipment, or other item in accordance with a prescription.
Health Care Component (1) Components of a covered entity that perform covered functions are part of the health care component. Covered functions include the delivery of health care, obtaining payment for same, health care operations and other activities involving the use or disclosure of individually identifiable health information.

(2) Another component of the covered entity is part of the entity's health care component to the extent that:

(i) It performs, with respect to a component that performs covered functions, activities that would make such other component a business associate of the component that performs covered functions if the two components were separate legal entities; and
   
(ii) The activities involve the use or disclosure of protected health information that such other component creates or receives from or on behalf of the component that performs covered functions.
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Health Care Operations Any activity of a covered entity protected by HIPAA Regulations including peer review, quality assessment, case management, training, legal and auditing services, fraud investigations, business planning, fund raising, etc. The uses of PHI in operations are covered by the Notice of Privacy Practices and generally do not require patient authorization.
Health Care Provider A provider of medical or health services, and any other person or organization that furnishes, bills, or is paid for health care in the normal course of business.
Health Information Any information, whether oral or recorded in any form or medium, that: (1) Is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and (2) Relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual.
Health Plan Any individual or group plan (such as insurance, Medicare or other federal health care program, managed care, employer or union coverage), which provides or pays for health care.
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HIPAA The Health Insurance Portability and Accountability Act of 1996.
Hybrid Entity A single legal covered entity with health care and non-health care functions, where the former are covered functions but are not its primary functions.
Individual The person who is the subject of Protected Health Information.
Individually Identifiable Any information, including demographic information, collected from an Health Information individual that is created or received by a provider, plan or clearinghouse related to past, present or future physical or mental health or condition of an individual, the provision of health care or the past, present or future payment for same and identifies the individual or could be reasonably used to do that.
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IRB An Institutional Review Board chartered under the Common Rule to protect human research subjects. In UC these IRBs serve the Privacy Board function and can grant waivers from the requirement to obtain patient authorization to use or disclose PHI in research.
Limited Data Set

A set of data in which most of the Protected Health Information has been removed. The following identifiers of the Individual or of the Individual’s relatives, employers or household members must be removed:

1. Names;
2. Addresses, other than town or city, state, and zip code;
3. Telephone numbers;
4. Fax numbers;
5.
Electronic mail addresses;
6. Social security numbers;
7. Medical record numbers;
8. Health plan beneficiary numbers;
9. Account numbers;
10. Certificate / license numbers;
11. Vehicle identifiers and serial numbers (including license plate numbers);
12. Device identifiers and serial numbers;
13.
Web universal Resource Locators (URLs);
14. Internet Protocol (IP) address numbers;
15. Biometric identifiers, including finger and voice prints; and
16. Full face photographic images and any comparable images.

 

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Need to Know A security principle stating that a user should have access only to the data
Principle needed to perform a particular function.
Notice of Privacy Practices HIPAA requires that patients be informed of a covered entity’s practices and procedures regarding use and disclosure of PHI. This is achieved by giving the patient, posting and making available a “Notice of Privacy Practices.”
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Privacy Rule The HIPAA regulations that protect the privacy of health information.
Protected Information Health (PHI) Any individually identifiable health information collected or created as a consequence of the provision of health care by a covered entity in any form, including verbal communication with a staff member. Employment records or those covered by FERPA are excluded.
Provider Any person or entity supplying medical services and who bills for or is paid for medical services “in the normal course of business.”
Personal Representative Any person authorized under applicable law to act on behalf of the Individual patient with respect to the Individual’s patient’s health care. For example, a personal representative may include the parent or guardian of a minor patient (unless the minor has the authority under California law to act on his or her own behalf), the guardian or conservator of an adult patient, or the representative of a deceased patient.
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Research A systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge.
Single Health Care Component (SHCC) HIPAA permits a complex organization to define itself as a single entity under HIPAA, thus providing a single set of policies, procedures and standards, permitting use of uniform forms and allowing movement of PHI within this single entity under the notice of privacy practices.
Treatment The provision, coordination, or management of health care and related services by one or more health care providers, including the coordination or management of health care by a health care provider with a third party; consultation between health care providers relating to a patient; or the referral of a patient for health care from one health care provider to another.
Treatment, Payment & Healthcare Operations (TPO) The uses of PHI covered by the Notice of Privacy Practices and not requiring a specific authorization.
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Use With respect to individually identifiable health information, the sharing, employment, application, utilization, examination, or analysis of such information within an entity that maintains such information. The utilization of PHI to carry out the business of a health care provider, plan or clearinghouse.
Work Force Employees, volunteers and other persons whose conduct, in the performance of work for a covered entity, is under the direct control of such entity, whether or not they are paid by the covered entity.