The HIPAA Breach Notification Rule requires HIPAA covered entities and their business associates to provide notification following a breach of unsecured protected health information. Similar breach notification provisions implemented and enforced by the Federal Trade Commission (FTC), apply to vendors of personal health records and their third party service providers, pursuant to section 13407 of the HITECH Act. . ("Privacy HHS.gov," n.d.) An example of this rule is a hospital disclosed protected health information to an employer about an employee without authorization. To correct the actions the Office for Civil Rights required the hospital to revise its procedures on patient authorization prior to release of protected health information …show more content…
She was a respiratory therapist who worked at a 72-bed hospital in Oregon; Ohio called ProMedica Bay Park Hospital. She “was authorized to access individually identifiable health information and protected health information of certain respiratory patients,” not of other hospital patients (McGee, 2015). She had accessed practically 600 patients protected heath information (PHI), but it topped out at 596 patients. During May of 2014, “ProMedica began notifying the affected patients that their records were inappropriately accessed between April 1, 2013, and April 1, 2014,” many of whom were frightened and had felt uneasy thereafter (McGee, 2015). The situation was made aware to U.S Department of Health and Human Services, who has since then posted her case onto their “Wall of Shame.” All healthcare professionals, whether it is the receptionists all the way up to the owner of the hospital, are going to have heard about HIPAA at some point in their employment. The punishment is pretty hefty, so that is probably why there are only a couple of cases with violations of HIPAA resulting in criminal severities. The legalities of breaching PHI “to a third party carries a jail term of up to 10 years in addition to a maximum fine of $500,000 if the disclosure is made …show more content…
Organizational managers are the ones who plan, organize, lead, and control what resources they have. On top of all of that, they are also responsible for enacting HIPAA into their day to day routine. HIPAA is clearly a huge deal, so the employees must understand what it is and what it entails so they do not turn out like Jamie Knapp. First off, the manager must teach employees about how to secure medical records. Not only do records need to be kept from people outside the workplace, but also from employees that aren’t authorized to see the information. The Small Business Chronicle states that “employees who handle health-related information must also maintain a log that details any release or transfer of information” (Symes, 2016). Obviously the records need to be kept in a safe place. If they are paper files, they should be kept in a filing cabinet which requires a key. If they are saved electronically, there needs to be a password in order to access the files. There needs to be a password to the computer workstation, but also a password that is used to access just the health information. A manager in the health industry needs to give training to all new employees about the company’s policies, rules, and regulation, but the employees also need training on HIPAA’s policies. If you don’t give proper training, and the employee discloses information, “you may be found liable for the disclosure and may then be sued by
HIPAA is short for health insurance portability and accountability act of 1996. They have many requirement that’s a medical assistant could have and use to become a better assistant. They have many requirements that the policy requires covered encounters by taking reasonable steps: covered entry to develop and implement policies for its own organization. Reflecting the business practices and work force.
I agree with you, Dr. Zhou should have clear understanding of the HIPAA law, that is part of orientation practice for everyone who has access to patient information in the health care field. For Dr. Zhou to access the patient electronic records after his termination is very alarming. Everyone agrees that his plea deal of $2000 of fine and four months in prison was a lesser punishment than what he deserves. According the HIPAA law he could spent more than 10 years in prison for his action .What is your thoughts. Don’t you think UCLA should have been liable for failing to protect the patient information.
Hospital Employee received 18 months in jail for HIPAA Violations On February 24, 2015, 30 years old Joshua Hippler, was found guilty for convicting HIPPA Violation and has been sentenced to serve 18 months in jail. Hippler was a former employee at East Texas hospital where he was alleged to have accessed to Protected Health Information. But instead he was intentionally selling patient’s information for his own personal gain. Hippler was indicted by a federal grand jury on Mar. 26, 2014 and the case was heard by United States Magistrate Judge John D. Love on August 28, 2014.
The importance of HIPAA compliance in medical transcription lies in the fact that it ensures confidentiality of patient information in accordance with law. The HIPAA (Health Insurance Portability and Accountability Act) Privacy Rule, approved by the U.S. Congress in 1996, establishes identifiable policies for the exposure and utilization of an individual patient's health details. HIPAA stipulates non-disclosure of protected health information (PHI) without the patient's permission, for healthcare requirements, national interests and public benefits. It also seriously investigates compliance associated problems. Why HIPAA Medical Transcription Services are Important Medical Ethics and Appropriate Treatment - The first reason is that medical
Under HIPAA, covered entities are under the obligation to follow the rules and regulations that the law enforces (Cleverly). Healthcare providers, health plans, healthcare clearinghouses, and business associates of the listed covered entities face fines and discipline if there is a HIPAA violation (Cleverly). The use or cause to be used of a unique health identifier, obtaining individually identifiable health information relating to an individual, or disclosing individually identifiable health information to another person are all criminal offenses under the HIPAA act (Cleverly). The consequences of violating HIPAA are stiff and severe. The violations are as follows after a conviction: the person will be fined no more than $50,000,and imprisonment will not be more than a year; however, if the violation is committed under false pretenses, the fine is no more than $100,000, imprisonment is no more than five years, or both; and if the violation is done with intent to sell, transfer, or use individually identifiable health information, for personal gain, commercial advantage, or malicious harm, the fine cannot be more than $250,000, imprisonment no more than ten years, or both (Cleverly).
The HIPAA rule is built to protect and prevent disclosing individuals’, and consumers’ identifiable health care information unlawfully and without getting authority from the concern parties. If someone break the law, individuals are subject to civil penalties of $100 on each violation but the penalty can accumulates based on numbers of violations; the standard maximum limit of civil penalties is $25,000 each person, each year (HIPAA Privacy Rule – What Employers Need to Know, n. d.). As per stacking rules, if a person violated two HIPAA standards, the penalty can be $50,000; Similarly, the criminal penalties subject to maximum of $ 250,000 and ten years in prison can be imposed to those individuals and parties who disclosed protected information
HIPAA is legislation that is mostly used in United States for the protection and privacy of the patient’s information. The medical information is protected by HIPAA whereby it ensures safe access to health and other personal information. HIPAA is therefore divided into five rules and regulations. There is private rule which ensures that all the information about individual’s health is highly protected. Private rule allows a good flow of health care information to ensure that an individual gets the best quality health care.
Nurses and doctors take the oath to protect the privacy and the confidentiality of patients. Patients and their medical conditions should not be discussed with anyone who is not treating the patient. Electronic health records are held to the same standards as nurses in that information is to be kept between, and shared only with the immediate care team. HIPAA violations are not taken lightly nor are the violation fines cheap. Depending on the violation, a hospital can be fined from $100 to $50,000 per violation (National Nurse 2011 p 23).
1. Locate an interesting article about a HIPAA violation in which a healthcare professional breached patient confidentiality. According to New York Times Article “New York –Presbyterian Hospital has agreed to pay a $2.2 million penalty to federal regulators for allowing television crews to film two patients without their consent- one which was dying, the other in significant distress. Regulators said on Thursday that the hospital allowed filming to continue even after a medical professional asked that it stop.” (Ornstein, 2016) a. Explain how HIPAA was violated
As records were shared electronically rules were implemented for clinicians to follow known as The Health Insurance Portability and Accountability Act (HIPAA) of 1996 (Summary of the HIPAA Security Rule ,2013). These rules were implemented for clinicians to protect the
It feels that my facility has all of the up to date technology in place but none of the workers are aware of it. I have raised a few eyebrows at work over the past few days it hops to tighten all the loopholes that I am now aware of. Hopefully my new found discussions at work will prevent many co-workers the hardships from the consequences of a HIPAA violation. In the case for Dr.Zhou, as a result of his HIPAA violation
The goals of HIPAA are to ensure medical coverage scope for workers and their families when they change or lose their employments and to secure wellbeing information trustworthiness, classification, and accessibility. The objectives are also to enhance our health care framework by making it more proficient, less difficult, and less
A situation I have had involving HIPPA was when I turned 18 I hadn 't thought and tried to have my mom call my doctor for some reason. When she did they told her that she couldn 't do anything because I was now 18 and I hadn 't signed any waivers for her to access to my medical records. At the time it was a burden but now learning more about HIPPA I realize that it is in place to keep our medical records safe. Although I have have never had a direct at of malpractice done to myself, I have heard many stories of malpractice.
Patient Rights. Enactment of HIPAA enables patients in many ways by providing them a set of rights which include a right to be notified about the privacy practices of the covered entity they are dealing with, a right over control and access of their Personal Health Information(PHI), and to take legal action against an entity on encountering any HIPAA violation without facing threats of retaliation. Security Safeguards. The Security Rule of HIPAA provides a highly detailed series of requirements in terms of administrative, technical, procedural and physical guidelines, for securing the electronic Personal Health Information (ePHI). State Law.
In order to ensure their protection HIPAA has instituted the Privacy and Security Rules that pertain to the safeguard of the Administrative, Physical, and Technical aspect to a patients EHRs. This insures that your provider puts into place measurements that guard against any unauthorized use of a patients PHI. Administrative Safeguards: HIPAA requires providers to have policies and procedures that are in place that protect the patients security, privacy and confidentiality. The administrative safeguards required under the HIPAA Security Rule include: • Identifying