Health Insurance Portability and Accountability Act of 2020
BE IT ENACTED BY THE STATE OF FIRESTONE CONGRESS HERE ASSEMBLED THAT:
ARTICLE I. DEFINING INFORMATION
SECTION I. The Health Insurance Portability and Accountability Act shall be established within the State of Firestone. For official terms, and as well as for usage in this legislation, this legislation may be referred to as the “Health Insurance Portability and Accountability Act of 2020” or “HIPAA”.
SECTION II. “Covered Entities” shall be defined as “All businesses, corporations, departments, and entities who are responsible for medical care/treatment.”
SECTION III. In this legislation, the “Firestone Department of Health” shall be defined as:
ARTICLE II. GENERAL INFORMATION
SECTION I. The Privacy Rule shall be a regulation that must be followed by all Covered Entities. The Privacy Rule forbids the distribution of a patient’s sensitive information, which include treatments, health plans, and conditions, if it includes identification of the patient. Though, this information may be distributed:
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between the Covered Entity maintaining the patient
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if the Covered Entity maintaining the patient or a member of the entity maintaining the patient discusses treatments, health plans or, conditions with the patient
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if the patient allows for their information to be distributed to the public.
SECTION II. A Covered Entity is permitted, but not required, to use and disclose protected health information, without an individual’s authorization, for the following purposes or situations:
- When required by law
- Judicial and administrative proceedings
- Public Health Activities
- Cadaveric Organ, Eye, or Tissue Donation
- Law enforcement (must have Probable Cause)
- Functions (such as identification) concerning deceased persons
- To prevent or lessen a serious threat to health or safety
SECTION III. To comply with the HIPAA Privacy Rule, all Covered Entities must do the following to be able to legally provide healthcare and health services in the State of Firestone:
- Ensure the confidentiality, integrity, and availability of all electronically protected health information
- Detect and safeguard against anticipated threats to the security of the information
- Protect against anticipated impermissible uses or disclosures
- Certify compliance by their workforce
ARTICLE III. ENFORCEMENT
SECTION I. In The Firestone Criminal Code, there shall be a new section under Chapter 6 titled “§15 - Unlawful Distribution of Sensitive Health Information”. It shall state the following:
“(a) Unlawful Distribution of Sensitive Health Information shall be recognized as an unlawful criminal offense within the State of Firestone.
(b) Unlawful Distribution of Sensitive Health Information shall be the act of releasing sensitive health information classified lawfully under the Privacy Rule of the Health Insurance Portability and Accountability Act of 2020 to any individual without the proper clearance to view such information.”
SECTION IA. Chapter 6, Section 15 shall be classed as a Class A Felony and shall result in an arrest time of 900 seconds.
SECTION II. Should a user practicing medicine be arrested for this crime, or be convicted in a court of law of this crime, the Firestone Department of Health’s Supervisory Board shall have the ability to revoke the license of the user in question.
SECTION III. This legislation shall be enforced by all law enforcement and all Covered Entities.
ARTICLE IV. ENACTMENT
SECTION I. This legislation shall go into effect immediately after following the Constitutional procedure required.
SECTION II. Should any part of this legislation be found unconstitutional, the rest shall remain amicable.
Respectfully submitted to the Congress of the State of Firestone,
Chief Sponsors:
Senator Stamose
Secretary of the Department of Health, Jahan22
Co-Sponsors:
Representative OliverSteph
Senator MartinRuarc