HIPAA Violation rocks hospital! An employee at St. Charles Health system accessed over 2400 patients’ medical records over a two-year period because they were curious. We all know that curiosity killed the cat and now it may have direr consequences for this curiosity seeker and the hospital system. HIPAA Violation without intent to commit fraud The employee who viewed the protected health information (PHI) without a legitimate reason to do so is in jeopardy of large civil fines, loss of their respective clinical license and criminal prosecution. Not to mention termination from their present position.
The first article was a summary of the HIPAA Privacy Rule. In the article, there was an introduction on what HIPAA meant and its importance. First off, HIPAA stands for the Health Insurance Portability and Accountability Act of 1996 and it is a disclosure of patient information so that it is protected from unknown individuals and to assure that health providers abide by the privacy rule. Some key facts about HIPAA were, who was covered, what information is protected, and administrative requirements. Noncompliance and criminal penalties were some of the critical issues found in the article.
There were 127 medical malpractice cases in Pennsylvania last year. An example of these cases could be an exploratory surgery to diagnose a patient and the incision became infected because the patient failed to clean the incision sight properly. Seems to me that the doctor was just doing his/her job but in the end, he/she got sued. Medical malpractice can be described as an act or omission by a doctor or physician that lead to the harm of a patient (Kindy). Certain laws and bills have been put in place to discourage people from suing doctors for problems that are completely out of the doctor’s hands.
If tort laws were effective, there would be less personal injury lawyers seeking to file a law suit against health professionals. Tort laws may discourage errors and allow room for improvement in the health care setting, but may not prevent it from occurring. Not all laws do exactly what they are designed to do, however, tort laws do provide protection against the violators. In the health care setting, physicians, staff, and nurses must be aware of what they can do and what they are not allowed to do towards an individual seeking medical treatment. In fact, tort laws may increase discrimination in some geographical areas.
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.
In addition to being let of prison, Dr. Kevorkian promised he would never participate in assisted suicide again (Morlan). After Kevorkian served his time, he believed that it was pointless to keep advocating for assisted suicide because “if he could not fix the problem then, he would not fix it now.” Furthermore, he stated that it is up to the next generation to keep up this issue. Afterward, Kevorkian decided to travel around the country to talk about assisted suicide instead of actively participating in it. He stated that he wanted to instill this subject into the minds of the next generation so they might begin to advocate and stand up for what they believe
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
Vadim, 33, used to be an alcoholic —having ended up at a rehabilitation clinic for nine months, he could not manage his debts, which eventually loaded up to an unthinkable million rubles. His kidney is worth five million on the black market, he says, and without the organ, he will have twenty years more to live (“The Backbone Kidney”[Pochka Opory]). In fact, even though Vadim’s story is not unique, he is one of the few willing to risk their lives and violate the law in order to survive. All the medical implications of the case aside, how moral is it to criminalize a market for human organs sale while often it is the last hope for people to increase their well-being. Should humans be allowed to exchange their parts for material goods?
The death penalty has sparked the conversation since the eighteenth century and has taken hundreds of lives since, but is it cheaper to have someone sent to death row? The death penalty can be big deal, you are taking the life of someone who is a criminal, or a murderer, but it can also be an innocent person 's life. What crimes deserve the death penalty? Most of the time the death penalty is used only on the worst of crimes. The other thing is that each death row prisoner to maintain the prisoner cost taxpayers 90,000 more per year, but without the death penalty cost 740,000, while to use the death penalty cost 1.26 million.
Libertarianism would suggest that, since you are unable to know for certain what the patient’s wishes are regarding the sharing of information, you should air on the side of caution and completely avoid sharing anything with their family. By doing this, you aren’t infringing on the patient’s right to liberty. If the patient felt that their past medical history was of importance and worth sharing, it is safe to assume that they would have done so. Based on this assumption, it is ethical to withhold any and all medical history that does not relate to their current medical
The plaintiff did this because he wanted the judge to think it caused major injuries to him so that he would win the case. Plus, it makes the fines increase. “The court then went on to award damages to Plaintiff of $10,000 for past physical pain, mental suffering, and loss of enjoyment of life; $15,000 for future physical pain, mental suffering, and loss of enjoyment of life; $8,700 for past medical expenses; $12,000 for past lost earning capacity; and $10,000 for future lost earning capacity. The court found that the Henry County Board of Education was 90% at fault for Plaintiff’s injuries, and the unknown driver was 10% at fault. As such, the court awarded Plaintiff $50,130 from the Defendant.