HIPAA Training for Pharmaceutical Industry Representatives

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HIPAA Training for Pharmaceutical Industry
Representatives

University of Utah Hospitals Clinics
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Objectives

• Describe key features of HIPAA and how it impacts
  pharmaceutical representatives
• Identify when a business associates or shadow
  agreement is necessary
• Describe issues related to reporting ADRs.

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HIPAA

• Health Insurance Portability and Accountability
  Act 1996
• Continuity of health plan when moving from one
  plan to another
• Fraud enforcement
• Privacy and security rules

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Privacy

• An ethical issue now the law!
• Individual right to control access and disclosure
  of protected health information
• Paper, electronic, oral communication

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Without the patients permission. . . .

• Providers directly involved in care may discuss
  patients status
• Disclose information to consulting physicians or
  for referral
• But not to those without clinical
  responsibilities.

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Protected Health Information (PHI)

• Name
• Biometric identifiers
• Full face images
• Geographic subdivisions
• Dates
• SS

• Phone, FAX
• E-mail, IP, URL
• MR, health plan
• Account , Cert., licenses
• Vehicle identifiers
• Device identifiers
• Other

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Security and Confidentiality Agreement

• All vendors
• Covers incidental exposure to PHI
• Handled as part of our workforce
• Exceeds requirements of HIPAA
• Important to protect the privacy of our patients

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Business Associates Agreement

• Another person uses PHI to perform function or
  activity on behalf of the covered entity
• Provide services to the covered entity that
  involves PHI
• Used for ongoing relationship

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Shadowing agreement

• Use for one time situations with exposure to PHI
  greater than just incidental
• Requires consent of patient
• Approval of service director

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If you violate HIPAA . . .

• Loss of privileges
• Dismissal
• Civil or criminal penalties

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TPHA

• When can you share patient info?
• Treatment
• Payment
• Healthcare operations
• Authorized by the patient

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Keeping it private . . .

• Dont communicate information that may be
  potentially patient related
• Includes
• Who you see
• What you see
• What you heard

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Disclosing PHI without permission

• There are exceptionsmost related to public
  health and legal requirements to report
• Example Reporting ADRs to FDA
• UUHSC must keep a record of any disclosures
• Notify HIPAA office if you are informed of an ADR

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Myths

• HIPAA doesnt apply to me
• Not part of workforce
• Doesnt apply to drug companies
• I dont need to sign your agreement
• This is just for the Hospital, Right?

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For more information

• UUHSC HIPAA office
• CDC summary www.cdc.gov/mmwr/preview/mmwrhtml/m2
  e411a1.htm
• www.HIPAA.org
• www.cms.hhs.gov/hipaa

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Resources

• Website
• http//uuhsc.utah.edu/pharmacy/msr
• Guidelines
• All forms
• Links to privacy office
• Database of all representatives in our system

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Summary

• UUHSC sets a higher standard around privacy
  issues
• HIPAA and privacy issues apply any time you are
  at one of our facilities
• In addition to confidentiality and security
  agreements, reps must sign a business associates
  or shadowing agreements when applicable
• Report HIPAA issues
• Ask questions!

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Questions Our Business Associates Frequently Ask

• Where can I go to get my questions answered
  quickly?
• privacy_at_hsc.utah.edu
• http//uuhsc.utah.edu/privacy
• How long will it take?
• Most questions are answered in 1 business day.
• Why so much paper work?
• To protect our patients privacy.

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What Can You Do To Make The Process Go Faster?

• Understand our goal is
• To give outstanding medical care to all of our
  patients.
• To protect the privacy of our patients at all
  times.
• Understand what your role is in meeting our goal
• What you see and hear in the hospitals and
  clinics stays there.

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Making The Process Easier And Faster

• Complete and sign our business associate
  agreement (BAA).
• BAAs are self renewing
• They can be modified
• They can be customized
• One per company
• They are found on our web page

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Screen shots summary

• Main web page
• http//uuhsc.utah.edu/privacy
• Site for faculty, student, staff, volunteers
  (this page links to the next two)
• http//intranet.uuhsc.utah.edu/privacy/workforce/e
  n/index.html

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QUESTIONS?