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HIPAA and Healthcare Data Protection Questions

Comprehensive knowledge of the Health Insurance Portability and Accountability Act and the associated healthcare privacy and data protection obligations. Candidates should understand scope and applicability including covered entities and business associates; the definition and identification of Protected Health Information; the minimum necessary principle; the Privacy Rule requirements governing permitted uses and disclosures and patient rights such as access, amendment, and accounting of disclosures; and authorization requirements for uses outside permitted disclosures. Candidates should also understand the Security Rule requiring administrative, physical, and technical safeguards including risk analysis and risk management, access controls and identity management, encryption of data at rest and in transit, audit logging and monitoring, secure configuration and patch management, workforce training, and incident response and recovery planning. Be familiar with the Breach Notification Rule including how to evaluate incidents, thresholds for notification, content and documentation requirements, mitigation steps, and statutory timelines such as the sixty calendar day timeline for notifications to affected individuals and to the Department of Health and Human Services. Know Business Associate Agreements and required contractual provisions and vendor oversight, deidentification approaches such as the safe harbor and expert determination methods, compliance monitoring and recordkeeping, enforcement and penalties including the role of the Department of Health and Human Services Office for Civil Rights, and how the statute interacts with other regulatory regimes such as the General Data Protection Regulation and state privacy laws. In interviews candidates may be asked to map data flows and inventories, design technical and administrative safeguards for systems that process health data, perform or interpret risk assessments, triage security incidents and decide whether they meet the threshold for notification, draft or evaluate business associate checklists and contractual controls, and describe monitoring, audit and compliance strategies.

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