A Summary Of HIPAA Violations

Many healthcare professionals and organizations have not been following the regulations set forth by HIPAA. Whenever violations of HIPAA’s privacy or security laws occur the organizations responsible must be held accountable resulting in a fine or penalty. Penalties provide incentive for organizations to guarantee patient privacy and security. Recently, certain people have failed to follow through with the laws and restrictions and were forced to accept the penalty. This paper will provide three real examples of such HIPAA violations as well as solutions or ways each violation could have been prevented.

We human beings have been gathering data since the dawn of mankind, whether it was in the form of pictures drawn on stones or in the form some text typed and saved on your computer.

Specific Purpose: I want to inform my audience about HIPAA “Health Insurance Portability and Accountability Act”.

Did you know that violating HIPAA can lead to criminal charges and even possible jail time? Also can cost you up to $1.5 million a year depending on the violation (Brown,2014). Violating HIPAA can be something as little as talking about the treatment of your patient that day to another nurse in the elevator. In this paper HIPAA will be defined and the importance of HIPAA in the health care system. As well as outcomes of what will happen if laws are violated. In addition, the scenario ending and what should happen to the nurse. Lastly, the advantages and disadvantages of cellphones and electronic devices in healthcare.

The law that prohibits unauthorized access of patients charts is HIPAA. HIPPA is the Health Insurance Portability and Accountability Act of 1996. HIPPAS number 1 priority is to keep patients Health Medical Records protected and confidential.

When the referral is received from a physician outside the healthcare provider’s network, paper medical records relating to the health issue are requested, including office notes and test results. After the patient’s paper medical records are received by the scheduling office, the scheduler manually reviews the records for the diagnosis and reason for the referral to determine how to appropriately schedule the office visit. For example, if the patient recently suffered a stroke, the patient would be scheduled with a stroke specialist rather than a general neurologist.

I would tell patients who inquire about passed patients would be that "I will find out where they are or what has happen to them" and will get with back with them. It is important for me not to release too much information because of HIPAA rules. Releasing personal or medial information without a written consent can get me in big trouble. If I know its a close friend I will ask the family if its ok for me to tell the patient who ask about their relative's condition or whereabouts. Its always better to ask for permission to release information that way your not breaking any privacy rules.

The HIPAA Rules require that when a HIPAA covered entity a provider, a plan, a clearinghouse or a business associate of a covered entity uses or discloses PHI, or when it requests PHI from another covered entity or business associate, the covered entity or business associate must make "reasonable efforts to limit PHI to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request." (Duane Morris LLP , 2013) Under the HIPAA Rules, covered entities and business associates are required to identify which workforce members need access to what kind of PHI to carry out their job functions. In addition under the HIPAA Rules, covered entities and business associates are required to establish protocols that define the minimum necessary amount of PHI for routine uses, disclosures and requests, and how to apply the minimum necessary standard with respect to non-routine uses, disclosures and requests. Minimum necessary violations should be investigated and, if appropriate, reported according to the new breach notification rules. Business associates may be directly liable for minimum necessary standard violations. Covered entities may be liable for business associates' minimum necessary standard violations.

During this research, there has been a collection of data that had been connected to the instances of HIPAA violations within the United States. There are various cases that have been reported through patients and employees where very personal medical information has been exposed unlawfully for personal gain. These cases have not only put a company at reputational risk. But these cases can also place a patient and or healthcare company in a terrible financial stipulation. This thesis will include a series of charts and tables that describe the fluctuation of such cases involving different examples of HIPAA violations. Not only will there be data of these instances but there will be illustrations of how both patients and healthcare employees exemplify HIPAA violations. These cases will be verified from an external and internal evaluation. Suggestive protocol will be demonstrated to guide one along to ensure the possibility of another case of HIPAA violation is prevented. Protocols and examples are being credited by diverse information.

I do think that HIPAA is more compliant in regards to electronic records because from its beginning concept it was known that health data was going digital. I think because of that knowledge it has been a main focus in its development through the years. Yes, I do believe that today HIPAA does protect my personal and healthcare records more so than 5 years ago because of the January 2013 HIPAA modifications. As stated in the article, these modifications implemented changes that increased the HIPAA sanctions and enforcements to include the business associates and subcontractors of the healthcare organizations. This is important because it stated that 20% of all breaches are caused by business associates. This means that they are now held to the

Dr. Patterson’s office called to give patient Sara Martin her results, but her husband answered and asked to relay the message. As a doctor, she cannot give out patient’s information to anyone but the patient. In this situation Dr. Patterson should explain to the husband that information can only be released to the patient and; although he is the husband she would have to sign an information release form. If this information where to get released and she did not want anyone else to know , this would be a HIPAA violation and there can be fines to pay and may lose her

HIPAA Security Rule requires appropriate administrative, physical and technical safeguards to ensure the confidentiality, integrity, and security of electronically protected health information.

One of the huge issues at the time of conception was the transition to electronic means of storage and transfer. At the time this technology was new, and not widely used as it is today. However with the implementation of HIPAA, it helped create a sense of trust and security that was not present before. By creating procedures to follow when storing and transferring information electronically, it educated many on how patient information was really being handled. The National Conference of State Legislatures reports that HIPAA helped the adoption of electronic prescribing among physicians and other clinicians, overall adoption rates increasing from 5% to 18% (HIPAA: Impact). Essentially it helped usher in a new age of technology and assisted in its assimilation into the health industry, which provides far more convenience and utility than previous methods.

Kate works well within policy of Administrative, DSDS and specific HCBS statues, rules and regulations. She reviews the manuals and autonomously will give appropriate responses. It is valued that she keeps supervision aware of those cases where the decision may be met with opposition. Her use of written policy backs her decisions. Kate has command of the automated systems of FRED, Webtool and Prod to assure participants cases are handled expeditiously. Her training for MFP work has gone well and she has gathered the needed paperwork to proceed with addressing the needs of referred participants as needed. HIPAA policy is adhered to by confirming callers identity with known pedigree data and only sharing information on a need to know professional

In a world full of electronics it would only seem logical to have health records electronic. Not only are medical records efficient, reliable, and quick to access, new technology allow patients to access their own personal medical records with a simple to use login and password. “People are asking whether any kind of electronic records can be made safe. If one is looking for a 100% privacy guarantee, the answer is no”(Thede, 2010). At my hospital, upon every admission we ask the patient for a password for friends and family to have to have if they would like an update on the patient 's condition. We do not let visitors come up and see the patient without the patient 's consent. In doing these things, we help to ensure the safety and protection of the patient 's health information and privacy.