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What important action should a health care provider take if the she wants to qualify for funds under the Health Information Technology for Economic and Clinical Health Act (HITECH)?
The HITECH Act was enacted as part of the American Recovery and Reinvestment Act of 2009 to promote the adoption and use of health information technology, especially electronic health records (EHRs), in the United States. The HITECH Act established the Medicare and Medicaid EHR Incentive Programs, which provide financial incentives to eligible health care providers who demonstrate meaningful use of certified EHR technology. Meaningful use is defined as using EHRs to improve quality, safety, efficiency, and coordination of care, as well as to engage patients and protect their privacy and security. To qualify for the incentive payments, health care providers must meet certain objectives and measures that demonstrate meaningful use of EHRs as part of their regular care. Some of these objectives and measures include:
Protect electronic protected health information (ePHI)
Generate prescriptions electronically
Implement clinical decision support (CDS)
Use computerized provider order entry (CPOE) for medication, laboratory, and diagnostic imaging orders
Timely patient access to electronic files
Exchange health information with other providers and public health agencies
Report clinical quality measures and public health data
Therefore, the correct answer is A. Making EHRs part of regular care is an important action that a health care provider must take if she wants to qualify for funds under the HITECH Act.Reference:
What is the HITECH Act? 2024 Update, section ''The Meaningful Use Program''
SCENARIO
Please use the following to answer the next QUESTION:
Cheryl is the sole owner of Fitness Coach, Inc., a medium-sized company that helps individuals realize their physical fitness goals through classes, individual instruction, and access to an extensive indoor gym. She has owned the company for ten years and has always been concerned about protecting customer's privacy while maintaining the highest level of service. She is proud that she has built long-lasting customer relationships.
Although Cheryl and her staff have tried to make privacy protection a priority, the company has no formal privacy policy. So Cheryl hired Janice, a privacy professional, to help her develop one.
After an initial assessment, Janice created a first of a new policy. Cheryl read through the draft and was concerned about the many changes the policy would bring throughout the company. For example, the draft policy stipulates that a customer's personal information can only be held for one year after paying for a service such as a session with personal trainer. It also promises that customer information will not be shared with third parties without the written consent of the customer. The wording of these rules worry Cheryl since stored personal information often helps her company to serve her customers, even if there are long pauses between their visits. In addition, there are some third parties that provide crucial services, such as aerobics instructors who teach classes on a contract basis. Having access to customer files and understanding the fitness levels of their students helps instructors to organize their classes.
Janice understood Cheryl's concerns and was already formulating some ideas for revision. She tried to put Cheryl at ease by pointing out that customer data can still be kept, but that it should be classified according to levels of sensitivity. However, Cheryl was skeptical. It seemed that classifying data and treating each type differently would cause undue difficulties in the company's day-to-day operations. Cheryl wants one simple data storage and access system that any employee can access if needed.
Even though the privacy policy was only a draft, she was beginning to see that changes within her company were going to be necessary. She told Janice that she would be more comfortable with implementing the new policy gradually over a period of several months, one department at a time. She was also interested in a layered approach by creating documents listing applicable parts of the new policy for each department.
What is the main problem with Cheryl's suggested method of communicating the new privacy policy?
Cheryl's suggested method of communicating the new privacy policy by creating documents listing applicable parts of the new policy for each department and implementing it gradually over several months may create confusion and inconsistency among employees and customers. Different departments may have different interpretations and expectations of the policy, and customers may not be aware of the changes or their rights under the policy. This may lead to errors, complaints, and violations of the policy and the applicable laws. A better approach would be to communicate the policy in full to all employees and customers at once, and provide training and guidance on how to comply with it. The policy should also be easily accessible and updated on the company's website and other channels.Reference:
Privacy Policy for Health Coaches
Privacy Policies for Online Coaches
Which of the following best describes private-sector workplace monitoring in the United States?
The FTC often negotiates consent decrees with companies found to be in violation of privacy principles. How does this benefit both parties involved?
A consent decree is a settlement agreement between the FTC and a company that has engaged in unfair or deceptive privacy practices. A consent decree typically requires the company to stop the unlawful conduct, implement remedial measures, pay a civil penalty, and submit to ongoing monitoring and reporting. A consent decree benefits both parties involved because it spares the expense of going to trial, which can be costly, time-consuming, and uncertain. A consent decree also allows the parties to negotiate the terms of the settlement, rather than having a court impose a judgment. A consent decree does not admit liability or wrongdoing by the company, but it has the force of law and can be enforced by the FTC or the courts if the company violates its terms.Reference:
IAPP CIPP/US Body of Knowledge, Section I.A.1.a
IAPP CIPP/US Textbook, Chapter 1, pp. 10-11
SCENARIO
Please use the following to answer the next QUESTION:
A US-based startup company is selling a new gaming application. One day, the CEO of the company receives an urgent letter from a prominent EU-based retail partner. Triggered by an unresolved complaint lodged by an EU resident, the letter describes an ongoing investigation by a supervisory authority into the retailer's data handling practices.
The complainant accuses the retailer of improperly disclosing her personal data, without consent, to parties in the United States. Further, the complainant accuses the EU-based retailer of failing to respond to her withdrawal of consent and request for erasure of her personal dat
a. Your organization, the US-based startup company, was never informed of this request for erasure by the EU-based retail partner. The supervisory authority investigating the complaint has threatened the suspension of data flows if the parties involved do not cooperate with the investigation. The letter closes with an urgent request: ''Please act immediately by identifying all personal data received from our company.''
This is an important partnership. Company executives know that its biggest fans come from Western Europe; and this retailer is primarily responsible for the startup's rapid market penetration.
As the Company's data privacy leader, you are sensitive to the criticality of the relationship with the retailer.
Under the GDPR, the complainant's request regarding her personal information is known as what?
Under the GDPR, the complainant's request regarding her personal information is known as the right to be forgotten, also known as the right to erasure. This right allows individuals to ask organizations to delete their personal data in certain circumstances, such as when the data is no longer necessary, the consent is withdrawn, or the processing is unlawful. The right to be forgotten is not absolute and may not apply if the processing is necessary for legal, public interest, or legitimate purposes. The right to be forgotten also requires organizations to inform any recipients of the data about the erasure request, unless it is impossible or involves disproportionate effort.Reference:
Everything you need to know about the ''Right to be forgotten''
Art. 17 GDPR -- Right to erasure ('right to be forgotten') - General ...
[IAPP CIPP/US Certified Information Privacy Professional Study Guide], Chapter 6, page 213.
