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How HIPAA Protects You

The Health Insurance Portability and Accountability Act (HIPAA) is designed to balance privacy, efficiency, and quality. A covered entity generally does not need your permission to share your protected health information (PHI) with another covered entity for treatment, payment, or healthcare operations, commonly referred to as TPO. For example, a doctor will generally not ask your permission before:

  • Sending your records to a second doctor for a second opinion (treatment);
  • Consulting with another health care provider regarding your medical status (treatment);
  • Asking TRICARE for reimbursement for the services you received (payment);
  • Sharing medical services provided for coverage and justification of charges (payment);
  • Reviewing your records to conduct MHS provider training programs, including certification and licensing (health care operations); and
  • Reviewing your records to see if your doctor followed protocol (health care operations).

However, HIPAA does give you the right to:

  • Learn how the Military Health System (MHS) will use and disclose your PHI;
  • Request to limit who can access your PHI;
  • Find out when a covered entity discloses your PHI to others;
  • Request to view and receive a copy of your PHI; and
  • Request to amend your PHI if incorrect or incomplete.

HIPAA also requires the MHS to:

  • Make sure your PHI is stored securely if maintained electronically;
  • Make sure your PHI is available when you need healthcare; and
  • Notify you if your PHI is lost or stolen.

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HIPAA Compliant Business Associate Agreement

Policy

The HIPAA Compliant Business Associate Agreement complies with the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, Breach and Enforcement Rules (HIPAA Rules).

DoD/Veterans Affairs (VA) Sharing Memorandum of Understanding (MOU)

Policy

This MOU establishes a framework governing inter-Departmental transfer of PIII/PHI of beneficiaries who receive health care and/or other benefits from either Department. This MOU revises the MOU on "Defining Data-Sharing Between the Departments," executed in May and June of 2005.

Designation of a TRICARE Management Health Insurance Portability and Accountability Act Privacy Officer and Health Insurance Portability and Accountability Act Security Officer

Policy

This Memorandum announces the HIPAA Privacy (6025.18-R) and Security (8580.02-R) for DHA who is responsible for the development and implementation of policies and procedures required under each set of regulations.

DoD Instruction 6025.18: Privacy of Individually Identifiable Health Information in DoD Health Care Programs

Policy

This Instruction reissues DoD Directive (DoDD) 6025.18 as a DoD Instruction in accordance with the authority in DoD Directive 5124.02. It also establishes policy and assigns responsibilities for implementation of the standards for privacy of individually identifiable health information in accordance with parts 160 and 164 of title 45, Code of Federal Regulations.

Health Affairs (HA) Policy 05-018, Expediting Veterans Benefits to Members with Serious Injuries and Illness

Policy

This Memorandum outlines the roles of the Department of Veterans Affairs (VA) and the Department of Defense (DoD) in identifying an initiative to expedite data exchange between the DoD and the VA for "seriously injured" members, and those members entering the Physical Evaluation Board Process. The goal is to assist the VA in its efforts to better ensure members are aware of their benefits and that these benefits start as soon as possible when the member is eligible.

Military Treatment Facilities (MTF) Defense Health Agency (DHA) Health Insurance Portability and Accountability Act (HIPAA) Privacy Officers Appointment Request Letter and Roles & Responsibilities

Policy

This document outlines the roles and responsibilities for the HIPAA Privacy Officer.

Public Law 104-191

Policy

The purpose of this document is to amend the Internal Revenue Code of 1986 to improve portability and continuity of health insurance coverage in the group and individual markets, to combat waste, fraud, and abuse in health insurance and health care delivery, to promote the use of medical savings accounts, to improve access to long-term care services and coverage, to simplify the administration of health insurance, and for other purposes.

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Last Updated: March 20, 2019

DHA Address: 7700 Arlington Boulevard | Suite 5101 | Falls Church, VA | 22042-5101

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