HIPAA: A Case Study

US Congress created the Hipaa bill in 1996 because of public concern of how their private information was being used. It is the Health Insurance Portability and Accountability Act, which Congress created to protect confidentiality, privacy and security of patient information. It was also for health care documents to be passed electronically. Hipaa is a privacy rule, which gives patients control over their health information. Patients have to give permission any healthcare provider can disclose any information placed in the individual’s medical records. It helps limit protected health information (PHI) to minimize the chance of inappropriate disclosure. It establishes national-level standards that healthcare providers must comply with and strictly investigates compliance related issues while holding violators to civil or criminal penalties if they violate the privacy of a person’s PHI. Hipaa also has boundaries for using and disclosing health records by covered entities; a healthcare provider, health plan, and healthcare clearinghouse. It also supports the cause of disclosing PHI without a person’s consent for individual healthcare needs, public benefit and national interests. The portability part of Hipaa guarantees patients health insurance to employees after losing a job, making sure health insurance providers can’t discriminate against people because of health status or pre-existing condition, and keeps their files safe while being sent electronically. The Privacy

. HIPAA privacy rules are complicated and extensive, and set forth guidelines to be followed by health care providers and other covered entities such as insurance carriers and by consumers. HIPAA is very specific in its requirements regarding the release of information, but is not as specific when it comes to the manner in which training and policies are developed and delivered within the health care industry. This paper will discuss how HIPAA affects a patient's access to their medical records, how and under what circumstances personal health information can be released to other entities for purposes

1. Mrs. Smith had a pregnancy test. Mr. Smith called Mrs. Smith’s physician and requested a copy of Mrs. Smith’s test results. Can/Should the physician release the results of the pregnancy test to Mr. Smith over the phone? (Use law and ethics to defend your answer) Why or why not?

The main goal of HIPAA is to protect unauthorized access and misuse of confidential health information. It allows for the safe storage of any health facts used, collected, transmitted or maintained by any health organization. It states that all health information about a particular client is completely confidential, regardless of what the format is and whether it is transmitted, maintained or collected. Protected information is that health information that already identifies the patient or could be used in order to identify the patient; it also relates to any of the patient’s past, present or future health conditions, any treatment the patient receives and any payment the patient makes toward their care.

All healthcare providers, health organizations, and government health plans that use, store, maintain, or transmit patient health care information are required to comply with the privacy regulations of the HIPAA

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 privacy rule applies to personal health information in any form, electronic or paper, which includes the entire medical record. Individuals have full access to their information, can limit who can gain access to his or her records, can request changes to their medical record if there’s any reason they suspect that the information isn't accurate. In addition, the private information shared is kept to the minimal amount needed. Also, the patients have the privilege to decide whether or not to release their protected health information or PHI for purposes unrelated to any treatments or payment issues, such as research project. (Krager & Krager, 2008) HIPAA implemented specific code sets for diagnosis and procedures to be used in all transactions. Covered entities must adhere to the content and format requirements of each standard. (Center for Medicare and Medicaid Services, n.d)The security rule supplements the privacy rule; it deals specifically with electronic PHI or ePHI. It applies to covered entities that transmit health information in electronically. The Security Rule requires covered entities to keep appropriate

Any patient that is seen by a physician within the United States is to be protected by the “Health Insurance Portability and Accountability Act” or HIPAA, which was passed into law in 1996 (Jani, 2009). All health care facilities dealing with any protected health information (PHI) are to ensure that all physical/electronic processes are safeguarded from any third party entity or unauthorized personnel according to HIPAA. All health care data to include any medical insurance

By law, the HIPAA Privacy Rule applies only to covered entities – health plans, health care clearinghouses, and certain health care providers. However, most health care providers and health plans do not carry out all of their health care activities and functions by themselves. Instead, they often use the services of a variety of other persons or businesses. The Privacy Rule allows covered providers and health plans to disclose protected health information to these “business associates” if the providers or plans obtain satisfactory assurances that the business associate will use the information only for the purposes for which it was engaged by the covered entity, will safeguard the information from misuse, and will help the covered entity comply

Ten years ago after much challenges and questionable skepticism, the HIPAA policy became effective and has been shaping healthcare one regulatory policy at a time. The evolution of the HIPAA privacy act helped establish the HIPAA Security Rule which was published in 2003 and became effective in 2005, and then eventually led to the HIPAA Enforcement Rules and the Breach Notification Rule. With it joint fortification of the 2009 HITECH Act and HIPAA’s modifications to regulations, it was released in January 2013 to the industry (American Health Information Management Association, 2013).

There would be multilevel of HIPAA training with presentations, online training material, and a frequently asked questions page. The live presentation will be mandatory for all current medical staff and new hires. The online training would be a refresher course given out every year, with a quiz at the end. A frequently asked question page would be available all year long on the intranet and updated as needed.

Carla, you have shown knowledge of Department policies and procedures and pose questions when concerns arise. You have shown an understanding and practice of HIPAA laws as is evident in your ability to remain confidential with all investigations. Carla, you have shown knowledge of the Department’s goals and also Division programs as evidenced by your investigative plans and requests for HCBS. You also have shown you have knowledge of the state statutes, rules and regulations as they relate to abuse/neglect/exploitation also evidenced by your investigative plans. Throughout your hotline investigations, you have shown that you are able to identify eligible adults and risks, formulate intervention plans, ask appropriate questions during interviews

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.

3.) Under HIPAA, covered entities (healthcare providers, health plans and healthcare clearinghouse) must comply with the privacy rules. A covered entity may develop its own privacy rules that would accommodate its own needs of protected health information (PHI) management but it most comply with the HIPAA guidelines. It is the responsibility of the entity to put in place a privacy official to oversee the policies, procedures and be on hand and available to be contacted in reference to the privacy rule. A patient should be given a privacy notice act at his/her health facility stating how their (PHI) is being used and to whom it will be shared. The covered entity should include in the notice their duty to assure the patients privacy as well as how and whom to contact if there is a complaint or they feel that their rights have been violated. As of 2009 the Office of Civil Rights (OCR) handles complaints that are made on privacy policies, procedure and practices of HIPAA covered entities.

If I was in Andrea’s position, I would not use my smart phone to video tape the seizure activity of the patient. Under no circumstances should any nurse utilize his or her smart phone for such procedure. Let me reiterate because some of the content of this post is similar to my previous discussion. In this scenario, it might appear that the nurse is insubordinate but she has that given right to advocate for her patient; this is what a prudent nurse would and should do. As for the HIPAA that was implemented in 1996, does this rule apply to Andrea? Absolutely, (Hebda & Czar, (2015, p. 235) stated that “the HIPAA Privacy Rule was crafted to protect the privacy of people who seek healthcare.” Andrea needed consent but