Understanding Ga Hipaa Laws and Compliance

The state of Georgia has its own set of HIPAA laws that must be followed by healthcare providers and organizations.

To be compliant, healthcare providers must have a Business Associate Agreement (BAA) in place with any third-party vendors or contractors who handle protected health information (PHI).

This includes vendors who provide services such as billing, data analytics, and IT support.

HIPAA laws in Georgia require healthcare providers to obtain written patient authorization before disclosing certain protected health information (PHI).

In Georgia, a HIPAA authorization form is not special, but must contain specific core HIPAA elements, including a description of the specific information to be used or disclosed.

A patient must provide specific written authorization for disclosures related to HIV/AIDS, sexually transmitted diseases, drug and/or alcohol abuse, mental illness, and psychiatric treatment.

If a patient dies, a provider may disclose their PHI to a family member, relative, or close personal friend who was involved in their care or payment for healthcare prior to their death.

In Georgia, a provider may disclose a deceased patient's complete medical record to the executor, administrator, or temporary administrator for the decedent's estate, as well as to the surviving spouse, child, or parent.

HIPAA laws in Georgia are similar to federal laws, but with some unique requirements, such as obtaining written authorization for disclosures related to HIV/AIDS and other sensitive information.

Here are the specific individuals who may receive a deceased patient's medical record in Georgia:

Georgia HIPAA laws require written patient authorization for certain uses and disclosures of PHI, including for the Georgia Crime Victims Compensation Program.

Healthcare providers play a crucial role in safeguarding patient health information under HIPAA laws. They must ensure that all electronic protected health information (ePHI) is properly secured and protected from unauthorized access.

Covered entities, including healthcare providers, must designate a Privacy Official and a Security Official to oversee compliance with HIPAA regulations. This is a critical step in maintaining patient confidentiality and security.

Healthcare providers must also implement administrative, technical, and physical safeguards to protect patient health information. This includes conducting regular risk assessments to identify vulnerabilities and implementing measures to mitigate them.

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Doctors in Georgia are required to provide patients with their medical records.

Federal law under HIPAA requires doctors to give patients their medical records, and Georgia law specifically states that patients are entitled to them under O.C.G.A. §31-33-2(a)(2).

A doctor technically owns the medical records, but they're required to provide a current copy to the patient under most circumstances.

A doctor in Georgia must retain your medical records for at least ten years from the date the record was created.

This is a requirement under Georgia medical record retention laws, which also apply to any evaluation, diagnosis, prognosis, laboratory report, or biopsy slide in your record.

So, if you're wondering how long your doctor will keep your medical records, the answer is at least a decade.

In fact, the law requires that information items in your record be retained for not less than ten years from the date they were created.

Once this period expires, your doctor can destroy the records, so it's essential to get copies of your medical records while you still can.

This is especially important if you've been involved in an automobile accident or injury case, as your medical records may be crucial to your case.

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Notification and Authorization is a critical aspect of healthcare providers' policies and procedures. It's essential to understand the rules and regulations surrounding the use and disclosure of patients' identifiable health information.

In the event of a data breach, healthcare providers must notify affected individuals without unreasonable delay. However, the Georgia data breach notification law doesn't specify a specific time limit for individual notification, but it does require notification to occur within 24 hours if the data is maintained on behalf of another business.

If a data breach affects more than 10,000 individuals, the notification must also be sent to all nationwide consumer reporting agencies. This highlights the importance of having a robust notification plan in place to ensure compliance with regulations.

Healthcare providers must also obtain patients' authorization before using or disclosing their identifiable health information. The USO requires individuals to sign a valid, written authorization specifically detailing what information will be used or disclosed, how and by whom the information will be used or disclosed, and during what time period the information will be needed.

Suggestion: Data Classification Hipaa

Individuals have the right to revoke their authorization at any time by submitting a written request. However, any such revocation shall not be retroactive to the extent that the healthcare provider has already relied and acted on a prior authorization.

Here's a summary of the key points to remember:

Business associates are entities with which healthcare providers contract to provide services. They must have a valid, signed business associate agreement in place before identifiable health information can be shared.

This agreement must contain USO-approved HIPAA compliant language and authorized signatures. Business associate agreements must be in writing.

The USO is responsible for ensuring that business associates use identifiable health information only for the purpose intended and restrict access to a "need to know" basis only. They must also take measures to safeguard the information.

The USO must seek to immediately remedy any breach of a material term or obligation under the agreement. If that's not possible, they may alter or terminate the agreement. Violations may be reported to the Secretary of the Department of Health and Human Services.

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In Georgia, you have the right to access your complete medical record, which includes all treatment-related records and bills.

You are entitled to your private medical records, and the HIPAA Privacy Rule requires medical professionals to protect your information from unauthorized release.

Pretty much every record associated with your treatment is yours to access, and doctors can't sell your records except in very limited situations.

Doctors can't speak about your case with anyone, and they must have systems and safeguards in place to ensure your information is kept private.

Even if a doctor believes releasing your entire record would harm you or someone else, they still have to produce the entire record to your attorney.

An unreasonable refusal to release your complete medical record could result in a sanction against the doctor by the Board of Medical Examiners.

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Health Information is protected by strict policies at the USO. An individual's identifiable health information may only be used within the USO or disclosed to entities outside the USO after notification to and/or with the expressed permission of the individual.

In emergency situations, health information can be used or disclosed without prior permission or notification. This is also the case when a communications barrier makes prior permission or notification impossible.

The USO strictly segregates functions related to health plan administration from employment decisions. This means that health information maintained by the USO for purposes related to the administration of a University System health plan will not be used for employment related purposes.

Individuals have the right to control their health information, and the USO will only disclose it to external entities with their valid authorization. This authorization is required for any use or disclosure of an individual's health information for purposes other than treatment, payment, or healthcare operations.

The USO will provide individuals with a copy of their health information policies and procedures and make a good faith effort to obtain an acknowledgment of its receipt. This is a requirement for using an individual's health information for treatment, payment, and healthcare operations.

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Compliance and enforcement are crucial aspects of HIPAA laws. Data breaches can pose significant risks to organizations, as highlighted in a video by Edgar Bueno, a partner at HunterMaclean.

Data breaches can occur due to unfamiliarity with regulations, which can lead to costly fines and reputational damage. This is a risk that organizations must take seriously and take steps to mitigate.

Familiarity with regulations is key to avoiding compliance issues. According to Edgar Bueno, data breaches and unfamiliarity with regulations are major trends in government and compliance enforcement.

Organizations must stay up-to-date on changing regulations to avoid compliance issues. This includes understanding how to properly handle and store sensitive patient data.

Proper handling and storage of sensitive patient data can help prevent data breaches.

If you suspect a compliance issue within your business, take immediate action. Edgar Bueno suggests taking steps to address the issue promptly in a video for Savannah CEO.

Identifiable health information should not be used for marketing or public relations purposes without explicit authorization from the individuals involved. This is a policy of the USO, and it's essential to respect individuals' choices regarding their health information.

Allowing individuals to opt out of having their health information used for marketing or public relations purposes demonstrates a commitment to transparency and respect for patients' rights.

Physical security is crucial to protect sensitive health information. Each healthcare record maintained in physical form must be kept in a locked location.

Electronic healthcare records, on the other hand, need to be kept in a secure environment and protected by appropriate electronic safeguards. Passwords are individual-specific and not to be shared by or accessible to more than one individual.

Computer screens containing protected health information must be inaccessible to public view. Computers that store protected health information must be secured before being left unattended.

Health information can only be accessed by authorized personnel, and access is restricted to the minimum necessary to execute their job responsibilities. This means that only those who need to see the information to do their job should have access to it.

Physical access to controlled areas and user accounts that provide access to protected health information must be revoked upon the termination of an employee, student, or trainee. This includes contractors and vendors who no longer require access.

The unauthorized access to or use of protected health information can result in disciplinary action, up to and including termination of employment or suspension or expulsion from a student or trainee program.

Broaden your view: Hipaa Access Control

To get your medical records, start by contacting the billing/records office for your doctor or hospital and ask about their preferred procedure. They may accept an email request, or require you to fax or mail a request.

You can also visit the office in person to order your records, but be aware that they may not be able to produce them immediately.

Your physician's office will likely ask you to sign a written authorization to obtain the records, so read it carefully before signing.

Medical records in Georgia can be expensive, but there are some reasons why they cost so much. The maximum charge for searching for and copying records is set by law, and doctors often charge the maximum.

The maximum copy costs as of July 1, 2019 are quite steep. A search, retrieval, and other administrative cost can be up to $25.88, plus the cost of copying. Certification fees can also add up, with a maximum of $9.70 per record.

If you're getting paper copies, the cost per page varies depending on the number of pages. For the first 20 pages, it's $0.97 per page, for pages 21-100 it's $0.83 per page, and for pages over 100 it's $0.66 per page.

There's also a cost for postage, which can vary depending on the actual cost incurred. And if you're getting electronic copies, the provider can charge a reasonable cost of production.

It's worth noting that the costs related to medical record retrieval, certification, and copy may be adjusted annually based on the medical component of the consumer price index. You can find the updated list of rates on the Department of Community Health's website.

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In Georgia, the law doesn't give a specific deadline for getting medical records.

We usually receive records within a couple of weeks of making a request.

Hospitals tend to take longer than doctor's offices to process requests.

Following up multiple times with the medical provider is not uncommon.

In rare cases, we may need to threaten civil action to ensure records are released.

If a compliance issue is detected, it's essential to act quickly and decisively.

Edgar Bueno suggests taking immediate action to contain the issue and prevent further damage. This can include freezing assets, suspending employees involved, and notifying relevant authorities.

You should also conduct a thorough investigation to determine the root cause of the issue and identify any responsible parties. This may involve gathering evidence, interviewing witnesses, and reviewing relevant documents.

The goal is to get to the bottom of what happened and take corrective action to prevent similar issues in the future.

In our experience, navigating HIPAA regulations can be a challenge for many healthcare providers and business associates. We've worked with clients to perform HIPAA data breach risk assessments and investigations.

Our team has advised clients on HIPAA regulatory obligations, including audit trail and audit log requirements, corrective actions, and reporting HIPAA breaches to the United States Department of Health and Human Services, Office of Inspector General (“HHS-OIG”).

We've reviewed contractual arrangements involving the use or dissemination of protected health information (“PHI”) for compliance with HIPAA and other state and federal privacy requirements.

A key aspect of our work is preparing privacy, security, and breach notification policies and business associate agreements (“BAAs”) for healthcare providers and business associates.

We've also helped clients develop business associate agreements and represented them in OCR investigations for alleged HIPAA privacy and security violations.

Here are some examples of our experience with HIPAA compliance:

When handling sensitive health information, it's essential to prioritize transparency and respect for individuals' privacy.

The USO has a clear policy of not using or disclosing identifiable health information for marketing or public relations purposes without explicit authorization from the individuals involved.

This policy ensures that individuals have control over how their health information is used and shared.

The USO also allows individuals to opt out of having their identifiable health information used for marketing or public relations purposes.