HIPAA Minimum Necessary Standard Violations

Explanation: According to both HIPAA and ARRA regulations, healthcare organizations compels to allow all reasonable efforts to limit the disclosure of information to the minimum necessary data to accomplish the purpose of the request (McWay, 2010). Based on the information provided, the request for PHI fails to specify the date of validity of the release of PHI. According to the HIPAA privacy rule, a request for the release of PHI is invalid if the request meets the following specifications (1) expiration date not specified that is related to purpose of disclosure, or the date on the request for information has elapse, (2) If the authorization request have been revoked, (3) failure to clearly state the intended purpose of release of information, (4) failure to provide signature and date of authorizing the disclosure of information ( or failure to provide specification of the representative’s authority to act on behalf of the patients), and (5) failure to specify the entity disclosing and the recipient entity (Department of Health & Human Services, 2004). There

HIPAA is governed by 2 entities, the Privacy Rule and the Security Rule. These two rules dictates to outline what the Health and Human Services (HHS) requires to handle Protected Health Information (PHI) in all forms. The Office of Civil Rights (OCR) enforces HIPAA and can leverage

The Health Insurance Portability and Accountability Act (HIPAA) was created to protect the personal and medical information of a patient obtaining medical treatment. HIPAA came into effect in 1996 and it was signed into law by President Bill Clinton, after approval by congress. The HIPAA covers personal information such as name, date of birth, address, etc. Results of tests, diagnosis and treatments for ailments are also covered under HIPAA. A persons protected health information can be divulged if express permission is given by the person that the protected information pertains to. There are exceptions for permission to divulge information which can include an investigation of a crime, suspected cases of child abuse or other law enforcement purposes as required by law. Protected health information (PHI) can be disclosed in aiding treatment or payment for a service. Title II of the health insurance portability and accountability (HIPAA) establishes the rules of compliance for electronic processing of transmissions, disclosure of PHI ( Protected Health Information), or the

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

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.

Even though hipaa violations are an important standard in preventing many individuals from causing several breaches of information from getting out, it is important to work on a strategies within several health care organizations that will work with the privacy rules regarding violation laws. “Jill Granger & Laura Cataldo (2013) reports When working in the healthcare setting, it is important to consult with the guidelines established by one's institution and to participate in any training programs to insure that the appropriate steps are being taken to maintain privacy. There are also a variety of additional resources available from the federal government and professional organizations to assist in the training process that may be especially

As of September 29, 2017, it has come to my attention that there have been a few issues within the clinic. The following has been resolved and prioritized in order.

Medical treatments require a great deal of paperwork. Before patients are allowed to go through treatments, a clinic must process their insurances, medical records, and surgery details. As a result, a lot of private information is gathered within the hospitals. With so much private information, it is essential for healthcare facilities to efficiently organize their paperwork. An unorganized recording system can prove disastrous to a hospital. Leaving patients’ paperwork publicly unattended and misplacing a file are both considered negligent. Misplacing patients’ information can potentially lead to information theft and invasion of privacy. An efficient way of storing information can be valuable in preventing HIPAA

Individuals that believe that their privacy or someone else’s privacy was violated in regards to the HIPAA law can file a complaint. According the Department of Health and Human Services, the complaints will be handled by the Office of Civil Rights. According to the HHS website, a complaint can be filed in writing, either electronically or on paper by mail, fax, or email. The name of the organization and the act believed violated the privacy requirement needs to be include in the complaint (US Department of HHS). The complaint must be filed within 180 days of the believed act, and HIPAA law prohibits retaliation from an organization because someone filed a complaint. As outlined by the HHS website enforcement is made after a complaint was

I have not directly worked in a medical record setting before. The exposure I do have as a customer service representative at a medical group is accessing patient’s demographics, eligibility, billing information for claims, and authorizations for future services/procedures.

According to Iron Mountain (2015), failing to dispose of patient medical records securely is a HIPAA violation of unwilling negligence, which is another legal issue in scheduling patient appointments. When a patient declines an appointment or does not respond to requests to call the office to schedule the appointment, the medical records must be securely disposed of, or shredded. For example, when a referring PCP or specialist office calls and schedules an appointment, on behalf of the patient, during the initial phone call, the patient may not be aware of the referral. Furthermore, the patient may not be available on the date and time selected by the referring office. Consequently, when the patient contacts scheduling to inquire about

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

Failure to follow the guidelines of HIPAA will result in termination of employment along with civil and criminal penalties. A tiered structure created for HIPAA violations. First tier for the act of unknowingly or with reasonable cause can have a fine for each violation of $100 to $50,000 and potential jail time up to one year. Second tier states they had reasonable cause but no willful neglect and a fine of $1,000 up to $50,000 for each violation. Third tier the violation was a willful act but corrected in a within a required time period with a $10,000 to $50,000 fine. Both second and third tier have potent jail time up to five years. The fourth tier violation was for personal gain and malicious

Each policy that has been formulated and brought forth to legislation goes through its many challenges and analyzation before being implemented and becomes a policy and part of legislation. The statutes of HIPAA were brought forth and formulated in hopes of regulating covered entities and providing a type of universal protection of patient information and data. There is no doubt that the policy for HIPAA created skepticism about health privacy laws and the impact that it would have on the health care industry and its professionals.

An important part of HIPAA is the minimum use standard, which mandates that healthcare providers use and disclose patient information in ways that are minimally necessary to accomplish the task. For example, a billing clerk does not need access to a patient?s entire medical history to bill for a service rendered, says Hole-Curry. Therefore, you may want to divide patient files into sections, having an office policy that clearly states who may access each section. Consider converting to pocket-style classification folders,