CHP HITECH Act & Electronic Health Records Compliance 1 — Questions and Answers
Question 1: The HITECH Act was enacted as part of which larger piece of legislation in 2009?
- Patient Protection and Affordable Care Act
- American Recovery and Reinvestment Act (Correct answer)
- Medicare Access and CHIP Reauthorization Act
- Health Insurance Portability and Accountability Act
Correct answer: American Recovery and Reinvestment Act
HITECH was enacted as part of the American Recovery and Reinvestment Act (ARRA) of 2009 to promote the adoption of electronic health records.
Question 2: What does 'Meaningful Use' refer to in the context of the HITECH Act?
- Using certified EHR technology in ways that improve care quality, safety, efficiency, and patient engagement (Correct answer)
- Documenting all patient encounters electronically within 24 hours
- Meeting minimum system uptime requirements for EHR platforms
- Using only EHR vendors approved by the Centers for Medicare & Medicaid Services
Correct answer: Using certified EHR technology in ways that improve care quality, safety, efficiency, and patient engagement
Meaningful Use refers to using certified EHR technology in a manner that improves quality, safety, and efficiency while engaging patients and reducing health disparities.
Question 3: Under the HITECH Act, which entities became directly liable for HIPAA compliance that were previously only bound through contractual agreements?
- State government health agencies
- Business associates (Correct answer)
- Pharmaceutical companies
- Health insurance brokers
Correct answer: Business associates
HITECH made business associates directly subject to HIPAA Security Rule requirements and certain Privacy Rule provisions, rather than being bound only through Business Associate Agreements.
Question 4: What is the maximum civil monetary penalty per violation category under HITECH's highest penalty tier?
- $10,000 per violation with a $250,000 annual cap
- $50,000 per violation with a $1.5 million annual cap (Correct answer)
- $100,000 per violation with a $2 million annual cap
- $1 million per violation with a $5 million annual cap
Correct answer: $50,000 per violation with a $1.5 million annual cap
Under HITECH, willful neglect violations not corrected within 30 days carry a maximum penalty of $50,000 per violation and $1.5 million per calendar year for identical violations.
Question 5: For a breach affecting 500 or more individuals in a state or jurisdiction, what entities must a covered entity notify?
- Only the Secretary of HHS within 60 days
- Affected individuals, prominent media outlets in the affected area, and the Secretary of HHS (Correct answer)
- Affected individuals and their employers only
- Local law enforcement, HHS, and state attorneys general
Correct answer: Affected individuals, prominent media outlets in the affected area, and the Secretary of HHS
Breaches affecting 500 or more individuals in a state or jurisdiction require simultaneous notification to affected individuals, prominent media outlets serving that area, and the Secretary of HHS.
Question 6: Which federal office is primarily responsible for setting certification standards for EHR technology under the HITECH Act?
- Centers for Medicare & Medicaid Services (CMS)
- Office for Civil Rights (OCR)
- Office of the National Coordinator for Health IT (ONC) (Correct answer)
- Agency for Healthcare Research and Quality (AHRQ)
Correct answer: Office of the National Coordinator for Health IT (ONC)
The Office of the National Coordinator for Health IT (ONC) is responsible for establishing standards, certification criteria, and implementation specifications for EHR technology under HITECH.
Question 7: Under HITECH, what expanded right do patients have regarding PHI maintained in an electronic health record?
- The right to amend any entry in their EHR within 90 days
- The right to receive an electronic copy of their PHI in the electronic format they request, if readily producible (Correct answer)
- The right to prevent providers from sharing EHR data with other treating physicians
- The right to delete outdated medical records from an EHR system
Correct answer: The right to receive an electronic copy of their PHI in the electronic format they request, if readily producible
HITECH expanded patient access rights by requiring covered entities to provide an electronic copy of PHI maintained in an EHR in the electronic format requested by the patient, if readily producible.
CHP HITECH Act & Electronic Health Records Compliance 1
The HITECH Act was enacted as part of which larger piece of legislation in 2009?