Healthcare Compliance and Privacy/Security Training MPH

Healthcare Compliance and Privacy/Security Training MPH Students 2018-2019 Office of Healthcare and Regulatory Compliance

Compliance and Privacy/Security Training Compliance as well as Privacy and Security training are required by federal, state, University of Connecticut and UConn Health mandates for employees and students new to UConn Health and annually thereafter. As you complete this training, click on the available links to view applicable University or UConn Health policies.

Introduction to Compliance and Ethics

Compliance Compliance is about “doing things right” according to: Laws and regulations – Federal, State and Local Standards – Accreditation and Research Policies – University, UConn Health and Departmental

Ethics Ethics is about “doing the right thing” regardless of what the law says and reflects the University’s core values: Knowledge Honesty Integrity Respect Professionalism A culture of ethics facilitates compliance.

Healthcare Compliance and Ethics Healthcare compliance encompasses laws, regulations, policies and standards in areas such as patient care, billing, reimbursement, student and resident education, contracting, research and information privacy and security. As healthcare becomes increasingly complex, practitioners and institutions must understand and adhere to applicable laws to avoid consequences such as negative publicity, fines, loss of funding, or exclusion from participation in federal health care programs.

How can we help you? The UConn Health Office of Healthcare and Regulatory Compliance facilitates individual and institutional compliance, ethics and integrity through education, consultation, monitoring of risks and investigation of potential violations. Contact the Office of Healthcare and Regulatory Compliance with any questions or concerns related to healthcare laws and regulations or UConn Health policies and procedures.

Reporting Compliance Concerns

Employees and students have an obligation to report known/suspected non-compliance or unethical practice. Retaliation against any individual who, in good faith, reports a concern or participates in the investigation of alleged violations is strictly forbidden. Non-retaliation

You can report to: Your supervisor Office of Healthcare & Regulatory Compliance 860.679.4180 [email protected] REPORTLINE: 1.888.685.2637 The Office of Healthcare and Regulatory Compliance Online REPORTLINE

Information Privacy and Security

Privacy and Security As a student, you may encounter situations in which you have access to patient health information or other types of confidential information. You are obligated to ensure the privacy and security of all confidential information with which you come in contact. This section will familiarize you with important privacy and security principles as well as UConn Health policies and procedures.

Confidentiality Policy Confidentiality applies to all types of information including: Patient Research participant Student Employee Social Security numbers, credit card numbers, and other financial data Systems IDs and passwords Institutional data and processes Confidential information should only be accessed, used or shared when necessary to carry out your UConn Health responsibilities. Confidentiality

HIPAA HIPAA - Health Insurance Portability and Accountability Act The HIPAA Privacy Rule: established standards to protect all forms of health information created by health care providers, health care institutions and other “covered entities.” gives patients certain controls over their health information. The HIPAA Security Rule: established standards to protect electronic health information (ePHI). outlines security procedures to ensure the confidentiality, integrity and availability of ePHI.

HITECH HITECH - Health Information Technology for Economic and Clinical Health Act HITECH resulted in significant changes to HIPAA Privacy and Security including widening the scope of privacy and security protections and providing incentives for health care information technology.

Protected Health Information Protected Health Information (PHI) is any type of health information maintained or transmitted in any medium (verbal, paper, photographed, electronic, etc.) that can be linked to a specific individual by a unique “identifier.” Electronic PHI (ePHI) is protected health information stored on computers, storage devices, or in any UConn Health electronic system.

Some individual identifiers are more obvious than others More Obvious Name Addresses including email/internet Zip code Phone and fax numbers Social security number Medical record number License numbers Account numbers e.g. bank, credit card Fingerprints Full/partial photo that could identify an individual Less Obvious Vehicle identifiers e.g. license plate Dates e.g. birth, death, admission URL and IP address Device identifiers and serial numbers Codes related to the individual that can be translated into identifiable info Any other unique number or characteristic

De-identified information Information in which all identifiers are removed such that the information cannot be linked to any individual or be re-identified. De-identified information is not considered PHI and, therefore, is not protected under the HIPAA Privacy rule. Creation, Use and Disclosure of De-identified PHI

HIPAA: Patients Rights Patients are entitled to: be informed of their rights under HIPAA and how their PHI will be used or disclosed. have access to or obtain copies of their health information. Under HIPAA, facilitating patient access to their PHI is just as important as protecting the privacy of that information. request corrections of information in their records. restrict certain disclosures of their information. receive an accounting of certain disclosures of their health information. be notified if the privacy or security of their information has been compromised.

Consent to Treatment The Notice of Privacy Practices (NOPP), which explains patients’ rights under HIPAA, is provided to all patients as part of the treatment consent process. The consent also serves as patients’ acknowledgment of receipt of the NOPP. As part of consent, patients may give “permission to communicate” health information with others, request to restrict disclosure of PHI to health insurers or to be excluded from appointment reminders. Verify the identity and relationship (e.g. parent, guardian, authorized representative) of any individual that signs the consent on behalf of the patient. Consent to Treatment

Right to View Records Patient requests to view their health record must be made in writing using approved forms. The record is first reviewed with the patient’s attending physician or appropriate UConn Health representative. A written response is provided to the patient for any request denial. Patient Right to View His/Her Medical/Dental/Research and/or Billing Record

Right to Obtain Record Copies Most requests for record copies should be referred to Health Information Management (HIM) Release of Information (ROI). Individual clinics may provide copies of a patient’s information to that patient if: The PHI is related to care in that department. The treating provider approves. Information is needed immediately for the patient’s care. Patient Right to Request Copies of His/Her Medical/Dental/Research and/or Billing Record

Requests for Record Amendments Patients can request record amendments at any time during or after treatment. Whether granted or denied, all amendment requests must be acted upon no later than 60 days after the request is made. For assistance with amendment requests in: Medical/Dental records, refer to Health Information Management (HIM). Research records, refer to HIM or the study’s Principal Investigator. Billing records, refer to Patient Services. Patient Right to Amend His/Her Medical/Dental/Research and/or Billing Record

Confidential Communications UConn Health must honor all patient requests: to receive communications of PHI from UConn Health by alternative means or at alternative locations. to restrict certain disclosures of PHI to health plans if specific criteria are met. Patients may also choose to be excluded from automated, verbal or written appointment reminders. Patient Right to Request Confidential Communications Patient Right to Request Restrictions on Use And Disclosure of Protected Heal th Information

Accounting of PHI Disclosures An accounting must be completed when PHI is released outside of UConn Health for reasons other than treatment, payment or health care operations and of which the patient is otherwise unaware (e.g. to regulatory agencies, for judicial proceedings, to medical examiners, or to report abuse, neglect and domestic violence). Accounting of Disclosures of Protected Health Information to Patients

Patient Authorization Patient permission to access, use or share their PHI is needed unless: the purpose is related to treatment, payment for treatment, or “healthcare operations” such as quality improvement, training, performance evaluations, audits or as required by law. A valid authorization must include specific information including the PHI involved, who is requesting PHI, the purpose of the requested use or disclosure, and the right to revoke an authorization. Patient authorization may also be required to use or disclose identifiable non-textual data such as patient photos, radiology images, pathologyAuthorization slides, physiological tracings and audio/video for Release of Information recordings. Visual, Audio, or Other Recording of Patient Data Obtained Th rough Any Other Medium

Minimum Necessary PHI that is accessed, used or shared for any purpose other than treatment, should be limited to the “minimum necessary” information needed to accomplish the task at hand. HIPAA also allows the minimum necessary information to be accessed and used in the academic setting for the purpose of student education. Students at UConn Health may access and use the minimum necessary PHI consistent with clinical assignments or educational work under the supervision of an authorized faculty or staff teacher. Minimum Necessary Data Use of PHI in Education

Patient Complaints Patient complaints related to the privacy or security of their PHI should be directed to the Patient Relations Department or to the Office of Privacy Protection and Management. Patients may also file a complaint with the Department of Health and Human Services Office for Civil Rights. Patient Complaint Regarding Use and Disclosure of PHI

Managing Confidential Information and PHI

General Reminders Wear your UConn Health ID badge at all times to safely enter and exit restricted areas. Do not hold a door open or allow anyone without proper identification to access a restricted area, especially if you do not recognize the person. If you see anyone in your department without proper ID, ask questions or notify the department manager. Do not assume an individual has authorized access. Notify UConn Health Police of any immediate safety concerns.

Verbal Communications

Discuss PHI only with those that “need to know” for their assigned job or student functions. Be sensitive to your surroundings: Discuss PHI in a private area if possible. Lower your voice in open areas. Avoid discussions in public areas such as elevators and cafeterias, even if you think no one can hear you.

Speaking with Patient Family/Friends “Permission to Communicate” covers disclosures needed to assist with coordination of a patient’s care but does not necessarily grant the right to disclose PHI unrelated to the patient’s current care. When others are present during a discussion with a patient, ask for the patient’s permission at that time before sharing PHI. Do not assume it’s OK to discuss PHI in front of family or other visitors. If it is impossible to obtain patient permission, share only and Disclosure Involving Family and Friends whichinterest. information youUse believe to be in the patient’s best references additional policies for specific areas of care.

Sharing PHI with personal representatives PHI may be shared with a patient’s personal representative who has verified legal authority to act on behalf of that patient. It is not necessary for personal representatives to be designated on the “Permission to Communicate” form. Under HIPAA, a personal representative has the same rights as the patient with regard to PHI use and disclosure.

Calling a patient Use the phone number designated by the patient — remember, it may be an alternate number. Confirm that you are speaking with the patient or someone that has permission to communicate about the patient. Do not leave PHI on answering machines or with individuals not authorized by the patient. If leaving a message, provide only your name, that you are calling from UConn Health, who the message is intended for, and ask that the individual return your call. Telephone/Voicemail/Answering Machine Disclosure of PHI

Someone calling about a patient Unless a John Dempsey Hospital (JDH) patient “opts out,” hospital directory information may be disclosed including: hospital room and telephone number to persons that inquire about that patient by name (except patients on the Psychiatric and Department of Correction units). a patient’s religious affiliation to members of the clergy. All inquiries about JDH patients must be forwarded to the UConn Health Information Desk or telephone operators. Information: Disclosureinformation of a Patient’s Information All media Directory requests for patient must be Relations Marketing and Multimedia. forwardedMedia to Health

Verifying Callers Before sharing any PHI, verify: the identity of the individual requesting information, including patients who call about themselves. that individuals other than the patient have the right to obtain the requested PHI. Ask open ended questions such as “Can you please verify your address?” rather than “Is your address still .?” If an individual’s identity and/or legal authority cannot be verified, do not disclose any PHI and report the request to your supervisor. Verification of Individuals or Entities Requesting Disclosure law enforcement PHI requests (including of Protected Health Information Refer all those by UConn Health Police Department) to your supervisor.

Protecting PHI on Paper

Do: Keep documents that contain confidential information in locked areas or cabinets. Keep notes/papers with PHI with you at all times if you must carry them and avoid taking into public areas. Shred as soon as possible. Dispose of paper with PHI in locked shredder bins only. Do Not: Leave documents with PHI in your personal vehicle. Personally transport or ask a patient to transport a paper medical record from one UConn Health location to another. Medical/Dental Patient Records: Transportation of Paper Records and Other Media Records

Mailing/Handing Documents to Patients Check and initial each page before mailing or handing documents with PHI. Use two forms of identification when preparing and when handing documents to a recipient. Be careful with shared printers to avoid inadvertently including unrelated documents with those being mailed. Handling Paper Communications About Patients including PHI

Faxing Confidential Information/PHI Confirm the correct fax number before faxing. Use UConn Health cover sheets for external and internal faxes. When faxing outside of UConn Health, always dial “9” followed by the number. Collect your papers when you leave a fax machine. If you send a fax to the wrong recipient/location or learn of a misdirected fax sent from UConn Health, inform your supervisor or the Privacy Office immediately. If you receive a misdirected fax from another entity, notify the sender. Faxing of PHI

Protecting Electronic PHI (ePHI) Including information from IT Security’s educational brochure: “Cyber Awareness”

Using UConn Health Electronic Systems Electronic resources are university/state property and are to be used only for UConn Health-related business purposes. Accesses to electronic patient information systems are monitored regularly. There should be no expectation of privacy. All data stored on UConn Health systems is discoverable under certain circumstances. Log off when you step awayComputer/Electronic from a computer onUsewhich Information Technology Resource Policy you have been working. UCHC Information Security: Acceptable Use UCHC HIPAA Security Virus Protection Policy

Password Security: The First Line of Defense Create strong but easy to remember passwords by replacing letters with numbers and special characters such as: MyD0GJon@th@n N0!Pr0mises? Ph0t0gr@ph! Do not share your password with others or allow anyone to access electronic systems using your login information. Never write your password on a piece of paper taped to your monitor or kept where it is accessible to others. You will be held responsible for all accesses by another UCHC Information Security: Systems Access Control individual using your login information.

HealthONE HealthONE is UConn Health’s electronic medical record (EMR). The EMR puts all inpatient and outpatient health care providers, physicians, nurses, pharmacists, and other clinical staff on one electronic platform and allows the entire care team to have immediate access to the same patient data. HealthONE also allows UConn Health to exchange patient data with other health care institutions. For more information: http://uconnhealthexpress.uchc.edu/

ePHI Privacy Reminders Before you click on, open, use or disclose PHI, ask yourself “Do I need this information to complete an assigned task? If the answer is “yes,” it is likely OK. If the answer is “no,” don’t do it. Unless related to your assigned student responsibility do not access, use or share PHI related to family, friends, employees, supervisors, and other students. Do not “surf” the hospital census, view or share PHI simply out of curiosity. Electronic devices must be scrubbed of all UConn Health information, especially PHI, before removing from use. Disposal of Documents/Materials Containing PHI and Receipt, Tracking and Disp osal of Equipment and Electronic Media Containing Electronic Protected Health I nformation.

Mobile Computing Devices (MCDs)

Any device used to access confidential UConn Health data or clinical network must have approved security controls. Personal smartphones or tablets used for email or other UConn Health business must be registered and secured through IT’s Bring Your Own Device (BYOD) program. Report any lost or stolen mobile devices to the UConn Health Police Department immediately. Mobile Computing Device (MCD) Security

Emailing Confidential Information/PHI Emails containing confidential information or PHI that are sent outside of the UConn Health network must be encrypted. Communicate via email only with individuals that have a need to know and are properly authorized to receive the information. Remember, recipient names may auto-populate the “To” or “cc” lines, so check all names to be sure you are sending to the correct individual(s). Electronic Communication of Confidential Data Email Communication with Patients/Research Participants Guidelines for Outlook Email Encryption

To send an encrypted email Click the secure icon in the upper left hand corner of the email message screen or Type [secure] (brackets and the word) in the email subject line or body. [secure]

Encryption: Remember “SAFE” Stolen or lost devices are protected from data theft. Access and transmit data securely. Follows HIPAA regulations. Ensures data integrity and maintains privacy.

Texting and Social Media

For texting, use one of the following UConn Health approved secure applications: Voalte Personal Communicator TigerText application For instant messaging, use Skype for Business. Report any texts sent without appropriate software immediately to your program director and the IT Security Office. Information related to your UConn Health work should not be shared on social media. Someone may be able to identify a patient even when minimal identifying information is posted.

Cyber Security

Social Engineering Social engineering describes a range of malicious activity designed to trick individuals into giving away personal information and/or installing harmful software onto their electronic devices or network. Common scams: Phishing: email that invites users to click on links leading to malicious websites in order to steal IDs and passwords. SMiShing (SMS Phishing): uses SMS services to send bogus texts. Social Media Phishing: phishing on social media sites like Facebook and LinkedIn. Vishing (Voice Phishing): traditional phone scams. USB drop: malware-infected USB thumb drives left on the ground waiting to be picked up and used by unsuspecting passers-by.

How to spot a phishing expedition The request is urgent and asks for some type of credentials. There are penalties for not complying with the request. Spelling errors in the message. The email and signature are generic, such as “Thank you— The Helpdesk” and are missing logos, accurate phone numbers, names and titles. The URL web address doesn’t make sense and is unrelated to the supposed requesting party.

Ransomware Ransomware, usually loaded by clicking on email links or attachments, is malicious software designed to block access to a computer system until a sum of money (ransom) is paid. Healthcare has been targeted by attackers and is especially vulnerable as ransomware can block access to electronic patient records. Patient care services may be disrupted and the confidentiality of patient information is jeopardized.

Protect Yourself and UConn Health Be wary of suspicious emails, texts or phone calls that request confirmation of your personal information, offer help or direct you to act immediately. Stop and think before clicking on unsolicited links, attachments or downloads. Ask questions before acting on any request. Keep up to date with anti-virus and anti-spyware security. Never use USB drives or CDs that are free or found if you don’t know the source of the device. For more information: Cyber Security Awareness

Identity Theft There are certain “red flags” that signal possible ID theft such as: suspicious documents that appear to be forged or altered. inconsistent personal information such as address and phone number. individuals that are unable to provide identity authentication such as answers to challenge questions. Synthetic identity theft often includes a combination of real and fake credentials that are used to create new, "synthetic“ identities. Trust your gut. If something doesn’t seem right, contact the Office of Healthcare and Regulatory Compliance.

Other Privacy and Security Considerations

Research Data Privacy PHI in any form may be used or disclosed for research purposes. A valid participant authorization is required. Research HIPAA authorizations are separate from consent unless the UConn Health Institutional Review Board (IRB) grants an exception. Authorizations must clearly state how participants’ PHI will be used and with whom it will be shared. Authorization waivers or alterations must be IRB-approved. When conducting collaborative research with UConn Storrs or other entities, clearly define project roles, particularly and Disclosure of Protected Information those thatUse include access to orHealth use of PHI. for Research Purposes

Research Data Privacy In some instances, a “Limited Data Set” from which all direct identifiers associated with PHI have been removed may be used for research or other purposes. Ensure that a data use agreement is in place. Use of PHI in preparation for research must be clearly defined and should include the minimum necessary information to complete a preparatory review. PHI accessed, used or disclosed without proper authorization or outside of IRB protocol parameters are considered privacy incidents. Report immediately to the Office of Privacy Limited Data Protection and Management and to the IRB. Use and Disclos Set-Creation, ure

Business Associates Business Associates (BAs) are entities outside of the UConn Health workforce that may create, receive, maintain, or transmit PHI on behalf of UConn Health. A Business Associate must have processes in place to safeguard the PHI it creates or receives but UConn Health may also be held legally responsible for the actions of it’s BAs. Business Associate Agreements (BAAs) outline the responsibilities of UConn Health and the BA as well as document the BA’s assurances to safeguard PHI. Business Associate Contracts

Marketing and Fundraising UConn Health fundraising is coordinated through the UConn Foundation. Patients may opt out of fundraising communications and treatment cannot be conditioned on an individual’s choice to opt out. Marketing is communication that encourages individuals to use a particular product or service. Specific HIPAA Privacy rules apply. HIPAA Fundraising Compliance HIPAA Marketing Compliance

Managing Privacy and Security Incidents

Privacy/Security Incidents If you know of, or suspect an improper access to or disclosure of PHI or a security risk such as hacking, immediately notify your program director and the appropriate office: The Office of Privacy Protection and Management: 860.486.5256 [email protected] (online HIPAA Privacy Incident Report is available). IT Security Office: 860.679.2295 or [email protected] REPORTLINE: 888.685.2637 Breaches of Privacy and Security of PHI and Confidential Information

Privacy and Security Resources Office of Privacy Protection and Management Rachel Rudnick, AVP & Chief Privacy Officer 860.486.5256 or [email protected] IT Security Office Carrie Gray, Director 860.679.2295 or [email protected] IT Help Desk 860.679.4400 or [email protected] PRIVACY POLICIES SECURITY POLICIES

We wish to acknowledge Shannon Kelmelis and Michelle Mendocha for their assistance with this training.

Training Questions? Contact: Office of Healthcare and Regulatory Compliance 860.679.4180 [email protected]