Huping Zhou, a former cardiothoracic surgeon from China, whom recently moved to Los Angeles and became employed at UCLA School of Medicine as a researcher, was sentenced to federal prison for HIPAA violations. This made him the first person in the United States to receive a prison sentence for HIPAA violations. His employer informed Zhoe that they were starting the process of terminating his employment .Zhou accessed the medical records of his former colleagues that night. During the following three weeks he accessed the records of celebrities, and high-profile patients 323 times. He claimed that he was unaware that it was illegal to view these records. No evidence was found that Zhou misused the information he obtained, nor did he sell the information. He received a four month jail sentence and a 2,000 dollar fine (Dimick, 2010). …show more content…
Personal health information includes a patient’s name, address, birthdate and social security number. It also includes a person’s health or mental status whether it is in the past, present or future. HIPAA gives people the right to have access to their medical records. It also states that people have the right to either give consent or deny consent of their information being shared or released. All health care facilities, insurance companies, pharmacies, vision, and dental offices must adhere to the HIPAA guidelines. Though patients have a right to their information being kept confidential, their information may be shared for necessity in regards to treatment, billing, to protect the public health, and if the law requires disclosure. Penalties are set in place for violations of the HIPAA laws ("HIPAA summary,"
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
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.
. 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
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.
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.
It is important for all health care recipients and health care providers to read information regarding HIPAA that way everyone will be informed of what rights are privacy they are entitled to and the workers are aware of what information needs to remain confidential. People can receive handouts regarding information about HIPAA, as well as the Internet. There are hundreds of online websites that people can go to in order to receive more information on how HIPAA works and what is required to ensure everyone follows the laws that go along with HIPAA. Breaking the law can have some major consequences so it is important to understand HIPAA and what privacy laws are enforced to protect a patient’s information. The information that is
When the referring PCP or specialist office faxes the patient’s medical records, one patient’s paper medical records can unintentionally become attached to another patient’s medical records, which is an example of a HIPAA violation of unwilling negligence (Iron Mountain, 2015). This can occur when several patients are referred to a specialist at the same time, and medical records for all patients are received through one fax transmission, requiring careful examination and separation of health records. To prevent paper medical records of one patient inadvertently becoming attached to the medical records of another patient when received by fax, all pages of the health record must be reviewed upon receipt and checked for the patient’s identification
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
The HIPAA (Health Insurance and Accountability Act) was designed to safeguard the privacy of medical records. It contains specific guidelines for medical personnel as how to handle and maintain the patient’s medical information. (http://www.hhs.gov/ocr/privacy/hipaa/ understanding/consumers/consumer_summary.pdf)
HIPAA is an act which is used to protect patient’s information which leads to confidentiality. Under this compliance, all the data starting from his name, number, a treatment that he is receiving, payment and the disease that he is suffering from includes. It includes all the data to access, protect it from other patients, hospital staff and even from their relatives if the patient insists.
HIPAA provides data privacy and security provisions for protecting medical information, with that been said, I do believe that our health records are 100% protected from the public. I do believe one thing that helps in protecting health information and records is confidentiality. Confidentiality refers to the obligation of professional who have access to parents’ recorders or communication to keep that information in confidence. For example, taking the Hippocrates oath this concept is the initial to medical professionals’ strategies for confidentiality. In addition, security is one way to keep health information and records. This security applied to health records in paper form, locked file cabinets are example. Besides, patients have the right
The violation of a patient’s privacy rights in regards to the healthcare information system is holding many consequences. The punishment depends on the severity of the crime. Heavy fines, revoking of accreditations and legal actions are a few of the many ways to hold violators responsible for their actions. According to the Washington post, there the healthcare sector is one of the most vulnerabilities is its software. (O 'Harrow)Narrowing the gaps between manufactures and medical centers’ security measure to prevent the loss of medical information is a focus that will be collaboratively monitored closely by the Department of Homeland Security and the Department of Health and Human Services.
The 1996 Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule sets rules and limits on who can look at and receive your protected health information, or information that relates to your health or health care you have received. Your health information may be used and shared with doctors and hospitals; with family, relatives, friends, or others you specify; with the police in special cases such as gunshot wounds; and
2014). According to HIPPA regulation, patient information including but not limited to, photographs, information on a monitor screen, patient notes on a board that are facing a public space, PHI left a copy machine, or even shorthand notes on the whiteboards in patient rooms are a breach in confidentiality (“What is a HIPAA Violation Anyways? 2014). Healthcare workers are educated about privacy issues and are mandated to stand for by certain rules to secure patient confidentiality and privacy. Health insurance companies whom provide millions of workers in America with health insurance have a strong focus in protecting patients who are undergoing treatment to have privacy. It’s a backbone for many medical professions to help reduce health related frauds or abuse using values and policies.
Imagine going to your health care provider and finding out that all of your dirty laundry is scattered all over the ground for everyone to see and walk all over. That is not comforting, nor professional. When patients pick their health care providers, they look for someone that they can trust. Most people that go to the doctors are already ashamed of what they are currently going through. For some people, it takes courage and excruciating pain to go to the doctor. That is one of the reasons why Health Insurance Portability and Accountability Act of 1996 (HIPAA) was created. It was created to protect and respect patients’ privacy, so that they do not feel ashamed or vulnerable and also to create an environment of honest communication between doctor and patient. (Britten and Carman, 485) While doing so, HIPAA also provides protection for the privacy of certain individually identifiable health data, referred to as protected health information (PHI). Balancing the protection of individual health information with the need to protect public health. (CDC and Prevention)