A nurse is assisting with preparing to teach a newly licensed nurse about the Emergency Medical Treatment and Labor Act (EMTALA). Which of the following information should the nurse include?

Choice A reason: This statement is false and should not be included in the teaching. The Enforcement Rule does not address the use and disclosure of ePHI, which stands for electronic protected health information. The use and disclosure of ePHI is addressed by the Privacy Rule and the Security Rule, which are part of the HIPAA Administrative Simplification Rules.

Choice B reason: This statement is false and should not be included in the teaching. The Enforcement Rule does not cover the process of reporting data breaches, which are unauthorized or unlawful access, use, or disclosure of protected health information. The process of reporting data breaches is covered by the Breach Notification Rule, which is also part of the HIPAA Administrative Simplification Rules.

Choice C reason:This statement is false and should not be included in the teaching.The definition of protected health information (PHI) is outlined in the HIPAA Privacy Rule, not the Enforcement Rule. PHI includes any information about health status, provision of healthcare, or payment for healthcare that can be linked to an individual, whether in electronic, paper, or oral form. The Privacy Rule defines PHI and ePHI explicitly to establish what needs to be protected under HIPAA regulations. The Enforcement Rule does not define PHI but instead deals with the penalties and compliance actions when HIPAA rules, such as those defined in the Privacy or Security Rules, are violated.

Choice D reason:This statement is true and should be included in the teaching. The HIPAA Enforcement Rule explicitly covers the administration of financial penalties for violations of HIPAA regulations. It outlines the processes by which the Department of Health and Human Services (HHS) investigates potential violations, determines compliance failures, and imposes civil monetary penalties when necessary. The Enforcement Rule also establishes the structure of penalties based on factors such as the severity of the violation, whether the violation was willful or accidental, and whether corrective actions were taken promptly. This ensures accountability and compliance with HIPAA standards, making this the correct answer to the question.

Choice A reason: This statement is incorrect because right documentation is not one of the five rights of delegation. Right documentation is a responsibility of the nurse and the AP, but it is not a criterion for deciding what tasks to delegate and to whom. The five rights of delegation are right task, right circumstance, right person, right direction, and right supervision.
Choice B reason: This statement is correct because right communication is one of the five rights of delegation. Right communication means that the nurse provides clear, concise, and specific instructions to the AP, and that the AP acknowledges and understands the instructions. Right communication also involves feedback, reporting, and documentation between the nurse and the AP.
Choice C reason: This statement is incorrect because right time is not one of the five rights of delegation. Right time is a factor that affects the delegation process, but it is not a criterion for deciding what tasks to delegate and to whom. The five rights of delegation are right task, right circumstance, right person, right direction, and right supervision.
Choice D reason: This statement is incorrect because right room is not one of the five rights of delegation. Right room is a factor that affects the delegation process, but it is not a criterion for deciding what tasks to delegate and to whom. The five rights of delegation are right task, right circumstance, right person, right direction, and right supervision.