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The Notice of Privacy Practices is intended to create open and accurate communication between entities and individuals.The importance of providing individuals with notice of the uses and disclosures of information is well supported by health care industry groups and is recognized in current State and federal law.Some of the associations or studies that support noticing are:
The July 1977 Report of the Privacy Protection Study Commission,Table of Contents
The Privacy Act [5 U.S.C. 552a),TITLE 5 , PART I , CHAPTER 5 , SUBCHAPTER II , Sec. 552a.
The Best Principles for Health Privacy by the Health Privacy Working Group,
The National Association of Insurance Commissioners’ Health Information Privacy Model Act, Health Privacy Protections
The National Committee for Quality Assurance accreditation guidelines, andNCQA: National Committee for Quality Assurance
The Standards for the American Society for Testing and Materials.Standards Worldwide - ASTM International
HIPAA gives an individual the right to adequate notice of:
·The uses and disclosures of protected health information (PHI) that may be made by the covered entity,
·Of the individual’s rights, and
·The covered entity’s legal duties with respect to PHI.
Most covered entities must develop and provide individuals with a Notice of their Privacy Practices.The notice should be based on the privacy policies and procedures established by the covered entity.The U.S. Department of Health and Human Services (DHHS) did not provide a model notice, as a uniform notice would not capture the wide variation in information practices across covered entities.[45 C.F.R. § 164.520(a)(1)]
HIPAA requires that covered entities make certain their business associates also comply with the Privacy Regulations. Business associates are parties that perform a function or service for a covered entity that involves protected health information (PHI), or receive PHI from, or create it for a covered entity. For example, certain vendors, brokers, consultants, and third-party administrators (TPAs) can be business associates. The Privacy Rule specifies that covered entities may not disclose PHI to business associates without reasonable assurance that the business associate has met all HIPAA requirements and relevant standards. Accordingly, covered entities need to include HIPAA privacy provisions in agreements with its business associates beginning April 14, 2003. This can be an amendment to a current agreement, or a separate “free-standing” agreement. Such provisions will include the business associates’ specific obligations