Deck 8: Legislative Aspects of Nursing Informatics: Hitech and Hipaa

Question 1

One of the largest problems with healthcare information security has always been inappropriate use by authorized users. How do HIPAA and the HITECH Act help to curb this problem?

Answer 1

No Answer

Question 2

How do you envision Health Level Seven, HIPAA, and the HITECH Act evolving in the next decade?

Answer 2

No Answer

Question 3

If you were the privacy officer in your organization, how would you address the following?
Tracking each point of access of the patient's database, including who entered the data.
Encouraging employees to report privacy and security breaches.
The healthcare professionals are using smartphones, iPads, and other mobile devices. How do you address privacy when data can literally walk out of your setting?
You observe one of the healthcare professionals using his smartphone to take pictures of a patient. He sees you and says, in front of the patient, "I am not capturing her face!" How do you respond to this situation?

Answer 3

No Answer

Question 4

The HITECH Act had which of the following goals?

A) Improve healthcare quality
B) Reduce healthcare costs
C) Improve and protect public health
D) All of these are correct.

Question 5

The HITECH Act had which of the following goals?

A) Facilitate clinical research
B) Increase information exchange
C) Increase health disparities
D) All of these are correct.

Question 6

The prevalence of healthcare-associated infections (1.7 million cases per year) demonstrates how the _______ can address quality issues.

A) local database
B) paper-based chart
C) electronic health record
D) All of these are correct.

Question 7

______ is another purpose of the HITECH Act. This term is defined as differences or gaps in the care experienced by one population compared with another population.

A) Socioeconomic status
B) Minority health care
C) Inferior care
D) Health disparities

Question 8

How much is spent on health care in the United States per year?

A) Greater than $2 trillion
B) Less than $1 trillion
C) Less than $2 billion
D) Greater than $1 billion

Question 9

The HITECH Act had the purpose of:

A) promoting prevention.
B) enabling early detection.
C) assisting in the management of chronic diseases.
D) All of these are correct.

Question 10

The National Healthcare Disparities Report of 2012 confirms that some Americans continue to receive inferior care because of such factors as race, ethnicity, and socioeconomic status (AHRQ, 2013). This report found disparities in which of the following areas?

A) Healthcare quality
B) Access to care
C) Levels and types of care
D) All of these are correct.

Question 11

HIPAA was enacted by the federal government for several purposes, including:

A) better portability of health insurance as a worker moved from one job to another.
B) deterrence of fraud, abuse, and waste within the healthcare delivery system.
C) simplification of the administrative functions associated with the delivery of health care, such as reimbursement claims sent to Medicare and Medicaid.
D) All of these are correct.

Question 12

Which of the following terms is defined as any physical or mental health information created, received, or stored by a "covered entity" that can be used to identify an individual patient, regardless of the form of the health information.

A) Protected health information
B) Patient health information
C) Provider health information
D) All of these are correct.

Question 13

Healthcare organizations typically do not encourage use of personal devices for professional matters, and in many instances they actually have policies in place forbidding employees from using personal devices in the workplace. What is an issue or are issues with "bring your own device" (BYOD)?

A) Validity
B) Security
C) Portability
D) All of these are correct.

Question 14

The HITECH Act has had a significant impact on HIPAA's Privacy and Security Rules in which of the following ways?

A) Weakened the enforcement of HIPAA
B) Removed the annual guidance from the Department of Health and Human Services regarding how to secure health information
C) Enhanced notification requirements in the event of a breach in the security of health information
D) All of these are correct.

Question 15

What is the name of the federal legislation in the United States to control how financial institutions handle the private information they collect from individuals?

A) Gramm-Leach-Bliley Act (GLBA)
B) Sarbanes-Oxley (SOX) Act
C) HL7
D) All of these are correct.

Question 16

What is the name of the legislation put in place to protect shareholders and the public from deceptive accounting practices in organizations?

A) Gramm-Leach-Bliley Act (GLBA)
B) Sarbanes-Oxley (SOX) Act
C) HL-7
D) All of these are correct.

Question 17

It is termed __________if a nurse knows that a colleague has accessed or attempted to access the record of a patient for whom the colleague is not providing care.

A) negligent behavior
B) a breach
C) a violation
D) an infringement

Question 18

The development and implementation of a nationwide electronic health records system holds great promise for nursing practice and nursing informatics. The profession of nursing will benefit from the many enhancements such an infrastructure has to offer, including the ability to:

A) improve the delivery of nursing care and the quality of that care.
B) make more efficient and timely nursing care decisions for patients.
C) avoid errors that may harm patients and promote health and wellness for the patients whom nurses serve.
D) All of these are correct.

Question 19

Two key pieces of legislation have shaped the nursing informatics landscape-the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Health Information Technology for Economic and Clinical Health Act (HITECH) of 2009.

Question 20

HIPAA was signed into law by President Bill Clinton in 1996 to monitor physicians and hospitals and enhance information exchange without consequences.

Question 21

The HIPAA privacy requirements, which went into effect on April 14, 2003, limited the release of protected health information without the patient's knowledge and consent.

Question 22

The federal Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act; Leyva & Leyva, 2011), enacted February 17, 2009, is part of the American Recovery and Reinvestment Act (ARRA). The ARRA was enacted to stimulate various sectors of the United States. The health information technology (HIT) industry was one area where lawmakers saw an opportunity to stimulate the economy and improve the delivery of health care at the same time.

Question 23

Electronic health record technology will make it easier for all providers involved in a patient's care to readily access that patient's complete and current healthcare record, thereby allowing providers to make well-informed, efficient, and effective decisions about a patient's care at the time those decisions need to be made.

Question 24

Chronic diseases are of major concern to the United States, not only because of the impact they have on individuals, but also because of the tremendous cost associated with providing treatment for patients with these conditions. Adult-onset diabetes, for example, has reached epidemic proportions. A national health information technology infrastructure will help providers better identify those patients who are at risk for developing this disease and provide treatment strategies to avoid it.

Question 25

The HITECH Act has enhanced the security and privacy protections each patient has a right to expect under HIPAA.

Question 26

The Policy Committee established by the HITECH Act is responsible for making recommendations to the coordinator about how to implement the requirements of the HITECH Act, such as the technologies to use in the infrastructure.

Question 27

The Standards Committee established by the HITECH Act is responsible for recommending standards by which health information is to be electronically exchanged.

Question 28

The HITECH Act made provisions to include meaningful public input in the development of a national HIT infrastructure. Both the Policy Committee and the Standards Committee established by the HITECH Act hold public meetings, and anyone interested in this process can participate.

Question 29

The "Level Seven" in HL7's name refers to the highest level of the International Standards Organization's (ISO) communications model for Open Systems Interconnection (OSI) application level.

Question 30

The HITECH Act has improved the privacy and security of patient health information by applying the requirements of HIPAA directly to the business associates of covered entities. In the past, it was up to the covered entity to enter into contracts with its business associates to ensure compliance with HIPAA. Now business associates are responsible for their own compliance.

Question 31

Existing accounting rules are enhanced under the HITECH Act, giving patients the right to access their EHR and receive an accounting of all disclosures. Before the HITECH Act, HIPAA regulations provided an exception to the accounting requirements.

Question 32

The popularity of social and mobile networking applications is one indication of how new Web-based technologies are changing communication preferences.

Question 33

A nurse is educating a patient on privacy of health information. The nurse explains that privacy is part of which federal law?

A) Health Insurance Portability and Accountability Act
B) Health Information Technology for Economic and Clinical Health Act
C) U.S. Department of Health and Human Services Act
D) American Recovery and Reaffirmation Act

Question 34

A patient is concerned that the medical insurance company will receive personal health information about the patient. The nurse reassures the patient that insurance companies receive information that is related to which of the following?

A) Treatment and payment for treatment
B) The patient's preexisting medical conditions
C) The patient's family history
D) The patient's current medical conditions

Question 35

A nurse is learning about the protection of patient privacy in a new electronic health record that is adopted by a healthcare system. The nurse understands that protection of patient privacy in an electronic health record is addressed by which law?

A) Health Information Technology for Economic and Clinical Health Act
B) Health Insurance Portability and Accountability Act
C) U.S. Department of Health and Human Services Act
D) American Recovery and Reaffirmation Act

Question 36

A healthcare facility has adopted an electronic health record system. The nurse understands that since the facility has adopted this record for meaningful use, which incentive may the facility receive?

A) Financial incentives
B) Patient referrals
C) Technology support
D) Government tax breaks

Question 37

A nurse is interested in serving on one of the national HITECH Act committees. Which committee could the nurse serve on?

A) Standards Committee
B) Grievance Committee
C) Health Services Committee
D) Policy Committee

Question 38

A nurse is documenting nursing care in the electronic health record. Why is this considered meaningful use?

A) Because the nurse is communicating patient information to help coordinate care
B) Because the nurse is following the healthcare facility's policy
C) Because the nurse is contributing to public health information
D) Because the nurse is advancing information technology

Question 39

A patient's electronic health record in a health system has been breached by an outside source. Which of the following is the priority action by the health system?

A) The patient must be notified of the breach.
B) The patient's family members must be notified of the breach.
C) The patient's primary care provider should be notified first.
D) The patient's insurance company should be notified immediately.

Question 40

A patient does not want to be identified in the healthcare facility's directory and informs the nurse. Which of the following is an appropriate response by the nurse?

A) "You can opt out of the facility's directory."
B) "I will inform your physician of your request."
C) "You must be identified as part of the privacy and security rules."
D) "Your name will be listed but not your location."

Question 41

The HITECH Act does not provide significant monetary incentives for providers who engaged in meaningful use of health information technology.

Question 42

Protected health information relates to handwritten or verbal information only.

Question 43

Which of the following requires a release of information in accordance with the Health Insurance Portability and Accountability Act (HIPAA)?

A) Sharing patient records from an evaluation at a mental health treatment center
B) De-identifying patient records for research activities
C) Using patient lab results for public health data
D) Releasing patient records for legal proceedings after a police emergency

Question 44

A patient is admitted to a healthcare facility and has questions about the facility's privacy practices. To which of the following does the patient have a right?

A) A paper copy of the notice of privacy practices of the facility
B) An electronic copy of privacy disclosures for the facility
C) An individual safeguard policy for the patient's protected health information
D) A copy of staff training records on patient privacy

Question 45

An informatics nurse is explaining barriers to the adoption of electronic health records to a group of administrators. Which statement by the informatics nurse is correct?

A) "Electronic health records are expensive, and the cost has prohibited widespread adoption of this technology."
B) "Healthcare providers are resistant to adopt the use of electronic health records because there are no financial incentives for their use."
C) "Healthcare systems do not want to adopt electronic health records because doing so requires extensive staff training."
D) "Electronic health records do not impact patient care or workflow."

Question 46

A nurse is collaborating with consumers and other healthcare providers on a recommendation for the exchange of health information as part of the HITECH Act. Which committee is the nurse serving on?

A) Standards committee
B) Policy committee
C) Privacy committee
D) Documentation committee

Question 47

A patient has a concern that the security and privacy of health information has been compromised. Which statement by the nurse is correct?

A) "You should contact the Office of Civil Rights to file a complaint about privacy and security rights."
B) "You should contact your insurance provider if you have a complaint."
C) "You can contact the local office of the Department of Health and Human Services."
D) "You can contact the information technology department at the hospital."

Question 48

The role of an information security officer at a healthcare facility involves which of the following?

A) Handling patient complaints about privacy and confidentiality
B) Providing staff education about privacy
C) Conducting regular audits on privacy and compliance with national laws
D) All of these are correct.

Question 49

A nurse is explaining the impact of a nationwide electronic health record on nursing to a nursing student. Which statement by the nurse is correct?

A) "The electronic health record will likely provide the ability to make more efficient and timely nursing care decisions for patients."
B) "The electronic health record will increase errors but will increase the access to patient data."
C) "The electronic health record will not impact the quality of care but will make patient care more efficient."
D) "The electronic health record will not impact nursing or nursing care delivery in any meaningful way."

Question 50

Nurses who protect the privacy and security of patient information are also protecting which of the following?

A) Their own violation of privacy laws
B) Their facility from patient complaints
C) Their patients' ethics and morals
D) The future of nursing's role in informatics

Question 51

All applications on a mobile device are regulated by the U.S. Food and Drug Administration.

Question 52

All nurses need to be engaged in the development and integration of a nationwide electronic health record.