HIPPA Breaches A Common Legal Issue in Healthcare When it pertains to patient health information discretion is paramount. Protecting patients from threats that could endanger their rights is essential and the primary reason for safeguarding their personal information is to secure the interest of the individuals who are entrusting the organization with their information. There are however breaches to individuals’ private health information. In the healthcare field one common legal issue is HIPPA and data breaches.
Consistent with this contract, there are some necessary steps to comply • Both covered entity and Business associates, have to develop the Breach notification policy and the steps to comply. (Breach means un unauthorized use or disclose of protected health information, which cause risk or harm to the individuals) • The HITECH Act also requires a Business Associate to take action if a Covered Entity fails to comply with the Business Associate Agreement. • If the contract between the covered entities and business associates is revoked, it is mandatory that the business associate return or eradicate all PHI received from covered entity.
Huping Zhou, employed at the UCLA School of Medicine as a researcher in 2003, faces fines and prison time for accessing medical charts of high profile clients and his supervisors without proper authorization. Although Zhou was terminated from his position before these violations for unrelated complications his access to UCLA’s electronic medical record remained. Over the course of this time, 323 accounts were accessed; plea agreement was reached, and Zhou omitted to view health information for four separate occurrences. The sentence
It is important that the E/M codes are done correctly, because if not it could cause a lot of trouble. RE: UNIT7 8/6/2015 1:16:10 PM I agree, E/M coding is the process of which physician and patient encounters.
While it is the responsibility of the health information management (HIM) department to cooperate with law enforcement in the event of a crime, this can still be achieved without a Health Insurance Portability and Accountability Act (HIPAA) breach. HIM department managers must maintain protection of patient privacy when delivering reports to the public. In the case involving Memorial Hermann Health System (MHHS), there were many causes of action the patient had against MHHS. Those include, but are not limited to, invasion of privacy, malpractice, defamation, negligence for improper disclosure and breach of confidentiality.
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 communication may include (1) the educational background of the physician, (2) the basis on which fees are determined (including charges for specific services), (3) available credit or other methods of payment, and (4) any other nondeceptive information (American Medical Association “AMA” Code of Medical Ethics’ Opinion on Physician Advertising, 2010). Physicians’ professional services should not be advertised or offered in ways which might motivate the patient to consent to such services because no fee or a reduced fee is attached. Similarly, physicians’ services should not be presented in a way which might motivate the physician to provide a service to a patient who might be unsuitable. Any inducement or incentive to a patient may interfere with the patient’s autonomy and with the physician’s responsibility.
Every profession has liability; which is every professional’s nightmare. Most liabilities can be prevented, while some happens without a profession’s awareness. All pharmacists must be aware of their standard of care, in order to avoid any risks of statements of malpractice. Pharmacy malpractice falls within the common law concept of negligence. In a pharmacy malpractice lawsuit, the elements of the case must include the following: the pharmacist had a duty of care, the pharmacist breached the duty of care, the breach proximately caused harm to the patient, and damages are the result (Milenkovich).
For a potential research subject who is incapable of giving informed consent, the physician must seek informed consent from the legally authorised representative. These individuals must not be included in a research study that has no likelihood of benefit for them unless it is intended to promote the health of the group represented by the potential subject, the research cannot instead be performed with persons capable of providing informed consent, and the research entails only minimal risk and minimal burden. American Nurses Association (2011) Provision 3.3 : Protection of participants in research Each individual has the right to choose whether or not to participate in research.
The Church of Scientology not only takes the money of its followers, but it has also takes a lives. Noah Lottick, a former member of Scientology, was a Russian Studies student who committed suicide shortly after leaving the Church of Scientology. The Church of Scientology just is not good for
Physicians should consider whether further treatment will abide by these two principles, and if not, futility ensues. It is ethical for physicians to decline to provide treatment, which is judged to be medically inappropriate, either where such treatment is not in the interest of the patient, or where there are insufficient resources to provide treatment of this level of benefit. For example, treatment should be labeled futile for a young patient with severe and multiple trauma who is in coma (in absence of brain death) despite optimal therapy and no reversible causes are identifiable or a patient with end-organ dysfunction on prolonged life supportive therapies, having no improvement. The concept of medical futility is in line with social justice and is more pronounced in resource restrictive settings The following table (Table 1 ) may serve as a guide to recognize medical futility.
As we know the primary goal of HIPAA (Health Insurance Portability and Accountability Act) is to protect us. They establish national standards to protect individuals’ medical records and personal health information. But what happen when somebody break the rules? Every time when we go to the Doctor Office they always explain us about HIPPA, also they give us a consent form to sign.
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.