Heather, I feel the same as you. I didn 't realize the impact of HIPAA violations until doing this research for the discussions board. I always knew HIPAA was serious but not to the extent of what I 'm learning. There are so many opportunities for violating HIPAA that I can 't believe more people are not impacted by this. 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
With privacy being of the utmost importance within a medical practice, HIPAA compliance can be a significant legal issue when implementing the AHSI Project into production. HIPAA compliance is a very important legal issue that should be reviewed by the legal team on any project. Encryption is also important as a legal issue, if the software is not encrypted and patient information is not protected, it can be a HIPAA violation as privacy is. Trust as a legal issue involves HIPAA compliance as well as trust in the legal system that CareMount Medical
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.
The walls in the office of healthcare providers are made sound proof by the Health Insurance Portability and Accountability Act (HIPPA). Sound proof meaning that each patient’s healthcare information can only be shared between the provider and the patient; their information is required to remain confidential by law. In 1996, HIPPA was passed by congress; the act included regulations that would help to protect patient privacy and health information (Petersen, 2001). After reading the novel, “The Immortal Life of Henrietta Lacks” by Rebecca Skloot one may be appalled and think that what occurs in the novel is a complete violation of HIPPA. But, the time frame needs to be taken into consideration.
As a result of HIPPA Privacy Rules the processes of the healthcare has changed. The HIPPA Privacy Rule may now supersede state laws. At first the Privacy Rule was only a federal floor or minimum of privacy requirements so it does not preempt or supersede, stricter state statues or other federal statues. The word stricter refers to state and federal statues that provide individuals with greater privacy protection and gives individuals greater rights with the respect to their personal health information.
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 Health Insurance and Portability and Accountability Act ( HIPAA) of 1996 provides security provisions and data privacy for protecting a patient’s medical information. HIPAA has guidelines to ensure that a patient’s confidentiality is maintained while allowing the communication of a patient’s medical records between certain bodies or people or officials. Officials that a patient’s medical records can be shared with are other health care providers, health plans, business associates, and health care clearinghouses. HIPAA protects all “ individually identifiable health information”. There is a specific protocol to follow when sharing a patient’s medical information.
The Health Insurance Portability and Accountability Act, or HIPAA, was passed by the U.S. Congress and signed by President Bill Clinton in the year 1996. As a broad Congressional attempt at healthcare reform HIPAA was first introduced into Congress as the Kennedy-Kassebaum Bill named after two of its leading sponsors. The law has several different purposes that mainly focus on the protection of the healthcare provider and their patient depending on the circumstances and situations that may typically occur in a medical environment. The act itself was passed with two main objectives.
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
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.
(September 30, 2013) - The Department of Health and Human Services (HHS) published amended rules applicable to the Health Insurance Portability and Accountability Act (HIPAA) of 1996 in January 2013. As explained by the Secretary of HHS, healthcare has experienced significant changes since HIPAA was enacted in 1996. The implementation of electronic medical records is just one of those changes. The new HIPAA regulations are designed to provide patients with better privacy protection, and additional rights not included in the original HIPAA rules.
Unfortunately HIPAA violations happen every year in our country. In fact, a situation happened in a New York-Presbyterian Hospital and Columbia University Medical Center on May 7th 2010. The HIPAA violation happened after the electronic health records of 6,800 patients ended up on Google for the world to see. The United States Department of Health and Human Services (HHS) who are responsible for HIPAA enforcement laws deeply investigated this case. It was discovered that a Columbia University physician who developed applications for New York-Presbyterian Hospital and Columbia University, attempted to deactivate a personally owned computer server on the network containing electronic protected health information (ePHI).
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
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).
Privacy rule establishes national standards to protect ones medical records and other personal information. The case I decided to research was ‘Prison Term in HIPAA Violation Case’. This case is about a gentleman that was pulled over and was found to be in possession with a patients record. He was working at hospital n East Texas when this case took place on August 28, 2014.
Not notifiying the patient of the breach is a legal violation of the HIPAA law(s.) It is also an organizational