IAPP Updated CIPP-US Exam Questions and Answers by josie

The HITECH Act was enacted as part of the American Recovery and Reinvestment Act of 2009 to promote the adoption and use of health information technology, especially electronic health records (EHRs), in the United States. The HITECH Act established the Medicare and Medicaid EHR Incentive Programs, which provide financial incentives to eligible health care providers who demonstrate meaningful use of certified EHR technology. Meaningful use is defined as using EHRs to improve quality, safety, efficiency, and coordination of care, as well as to engage patients and protect their privacy and security. To qualify for the incentive payments, health care providers must meet certain objectives and measures that demonstrate meaningful use of EHRs as part of their regular care. Some of these objectives and measures include:

Protect electronic protected health information (ePHI)

Generate prescriptions electronically

Implement clinical decision support (CDS)

Use computerized provider order entry (CPOE) for medication, laboratory, and diagnostic imaging orders

Timely patient access to electronic files

Exchange health information with other providers and public health agencies

Report clinical quality measures and public health data

Therefore, the correct answer is A. Making EHRs part of regular care is an important action that a health care provider must take if she wants to qualify for funds under the HITECH Act. References:

What is the HITECH Act? 2024 Update, section “The Meaningful Use Program”

The HITECH Act explained: Definition, compliance, and violations, section “HITECH Act definition and summary” and “Why was the HITECH Act created and why is it important?”

Proposed Rulemaking to Implement HITECH Act Modifications, section “The Health Information Technology for Economic and Clinical Health (HITECH) Act”

Health Information Technology for Economic and Clinical Health (HITECH) Audits, section “The American Recovery & Reinvestment Act of 2009 (ARRA, or Recovery Act)”

What is HITECH Compliance? Understanding and Meeting HITECH Requirements, section “HITECH Compliance Requirements”

Privacy by Design is a concept that the FTC endorsed in its 2012 report on protecting consumer privacy1. It seeks to deliver the maximum degree of privacy by ensuring that personal data are automatically protected in any given IT system or business practice2. It asserts that data held by an organization ultimately belongs to the consumer and organizations should ensure that data subjects are properly informed about how their data is collected and used3. Privacy by Design requires companies to build in consumers’ privacy protections at every stage in developing their products, including reasonable security for consumer data, limited collection and retention of such data, and reasonable procedures to promote data accuracy1. References: 1: FTC Report of 2012, p. 22-23; 2: Global Data Review3; 3: Termly4.

The GLBA prohibits financial institutions from disclosing a consumer’s account number or similar form of access number or access code to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. This restriction is intended to prevent unauthorized access to a person’s bank account by third parties who may use the account number to initiate fraudulent transactions or identity theft. The GLBA also requires financial institutions to implement safeguards to protect the security, confidentiality, and integrity of customer information, and to notify customers and regulators in the event of a security breach involving such information. References:

IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 2: Limits on Private-sector Collection and Use of Data, Section 2.3: Financial Privacy, p. 49-50

IAPP CIPP/US Body of Knowledge, Domain II: Limits on Private-sector Collection and Use of Data, Objective II.C: Identify the privacy requirements for financial institutions, Subobjective II.C.2: Identify the restrictions on disclosure of account numbers, p. 14

IAPP CIPP/US Exam Blueprint, Domain II: Limits on Private-sector Collection and Use of Data, Objective II.C: Identify the privacy requirements for financialinstitutions, Subobjective II.C.2: Identify the restrictions on disclosure of account numbers, p. 5

The Department of Commerce (DOC) plays a role in privacy policy by promoting the development and adoption of voluntary codes of conduct, standards, and best practices for the private sector, as well as facilitating cross-border data transfers through mechanisms such as the EU-U.S. Privacy Shield and the APEC Cross-Border Privacy Rules. However, the DOC does not have regulatory authority to enforce privacy laws or impose sanctions for privacy violations. The other agencies listed have some degree of regulatory authority over privacy issues within their respective domains. For example, the Office of the Comptroller of the Currency (OCC) supervises national banks and federal savings associations and enforces the GLBA privacy and security rules for these institutions. The Federal Communications Commission (FCC) regulates interstate and international communications and enforces the privacy and security rules for telecommunications carriers, broadband providers, and voice over internet protocol (VoIP) services. The Department of Transportation (DOT) oversees the transportation sector and enforces the privacy and security rules for airlines, travel agents, and other covered entities under the Aviation and Transportation Security Act (ATSA). References:

IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 1: Introduction to the U.S. Privacy Environment, Section 1.3: Federal Agencies with a Role in Privacy, p. 18-19

IAPP CIPP/US Body of Knowledge, Domain I: Introduction to the U.S. Privacy Environment, Objective I.B: Identify the major federal agencies with a role in privacy, Subobjective I.B.4: Identify the role of the Department of Commerce, p. 7

IAPP CIPP/US Exam Blueprint, Domain I: Introduction to the U.S. Privacy Environment, Objective I.B: Identify the major federal agencies with a role in privacy, Subobjective I.B.4: Identify the role of the Department of Commerce, p. 3