Oral Health Topics
Health Insurance Portability and Accountability Act / HIPAA
- Overview
- HITECH Breach Notification Interim Final Rule Guidance NEW!
- Featured Content
- HIPAA Privacy Guidance for Dentists
- The Journal of the American Dental Association
- Additional Resources
Overview
The Health Insurance Portability and Accountability Act (HIPAA) requires all health plans, including ERISA, health care clearinghouses and any dentist who transmits health information in an electronic transaction, to use a standard format. Those plans and providers that choose not to use the electronic standards can use a clearinghouse to comply with the requirement. Providers' paper transactions are not subject to this requirement.
In an effort to educate our members on the implications of HIPAA the ADA will post content on this page to assist its members in actively participating in HIPAA educational opportunities.
HITECH Breach Notification Interim Final Rule Guidance
The HITECH Breach Notification Interim Final Rule goes into effect September 23, 2009. The ADA has prepared resources to assist members in complying with Breach Notification requirements. These include a Breach Notification Decision Tree, a glossary of terms, and a detailed Guidance document with answers to what ADA staff expect will be frequently asked questions. These resources are free of cost to all members, but an ADA.org user ID and password are required to access them. If you are a member and need a User ID and Password, call the member service center at 800 621-8099 for assistance.
- Download Breach Notification Flow Chart (PDF)
- Download Breach Notification Glossary of Terms (PDF)
- Download Guidance Document (PDF)
Featured Content
ADA Practical Guide to HIPAA Compliance: Privacy and Security Kit
HIPAA requirements have changed. The ADA has updated and combined its best-selling HIPAA Privacy and Security Manuals and created one user-friendly resource, The ADA Practical Guide to HIPAA Compliance: Privacy and Security Kit. The ADA Practical Guide to HIPAA Compliance is a step-by-step tool to help dentists comply with HIPAA Privacy and Security as well as the enhanced requirements that were part of HITECH Act provisions of the American Recovery and Reinvestment Act.
The new HITECH Act rules include when and how dentists must provide notification if protected health information has been exposed in a security breach and well as the breach notification process that a business associate must follow. Along with the new rules come significantly larger penalties for breaches. The ADA is recommending that dentists review and revise their Health Insurance Portability and Accountability Act (HIPAA) compliance programs and make any necessary changes to their Notice of Privacy Practices and to Business Associate Agreements.
The ADA Practical Guide to HIPAA Compliance: Privacy and Security Kit includes the following features:
- NEW Sample Notice of Privacy Practices
- NEW Sample Business Associate Agreement Amendment
- Sample forms, policies and procedures, checklists and risk assessment questions
- Workforce training guidance
- Discusses HIPAA workforce training requirements and new HITECH Act “Breach Notification” requirements
- You’ll also learn the importance of documenting your training efforts, and sample logs to document
- A companion CD-ROM to help dentists tailor the contents of the kit to their practices.
Also included with The ADA Practical Guide to HIPAA Compliance: Privacy and Security Kit is the ADA’s annual HIPAA Compliance Update Service through January 2013, which will provide users with current information about rules, regulations and news regarding HIPAA requirements.
To order J594—Manual, CD-ROM and Subscription Service, shop online at www.adacatalog.org or call 800.947.4746
HIPAA Security Rule FAQ
What is this “Security Rule”? Isn’t it the same thing as Privacy? Do I have to comply with it/does my office need the HIPAA Security Kit? Find out answers to these questions and more in this downloadable document.
- HIPAA Security Rule FAQ (Document is being revised)
HIPAA Privacy Guidance for Dentists
The American Dental Association has prepared a summary of HIPAA privacy rule clarifications.
Specifically, the guidance confirms that soundproofing of dental offices is not required, the privacy official may also be the office manager, the training requirement can be met by providing each new employee with a copy of its privacy policy and documenting that the policies have been reviewed, appointment reminder postcards are not a violation, patients can be greeted by name in the waiting room and free toothbrushes are not marketing. As the ADA and other health care providers requested, appropriate changes to the Privacy Rule will be issued later this year. The ADA will comment on those changes as it has with previous proposed rules concerning privacy of protected health information.
ADA Comments on Proposed Privacy Modifications (PDF)
The Journal of the American Dental Association
- Court Upholds Final Version of HIPAA Privacy Regulations (June 2004)
- HIPAA Security Regulations: Protecting Patients’ Electronic Health Information
- Business Associate Agreements: A Key Requirement Under the HIPAA Privacy Regulations (January 2003)
- HIPAA Privacy Regulations: New Requirements for Protecting Patients’ Health Information (December 2002)
Additional Resources
- US Department of Health and Human Services Office for Civil Rights (OCR) HIPAA site
- Answers to frequently asked HIPAA Privacy questions
- HITECH Breach Notification details
- Where to file a HIPAA Transactions or Security complaint
- Where to file a HIPAA Privacy complaint
- Office of the National Coordinator for Healthcare Information Technology
