HIPAA’s Privacy and Security Rules: A Federal Regulation Since the adoption of the Health Insurance Portability and Accountability Act (HIPAA) of 1996, there had been some modifications and interpretations made to its provisions to ensure that the requirements of the law are strictly adhered to. Thus, the “two sets of federal regulations were implemented… the Privacy Rule and the Security Rule” (McGonigle & Mastrian, 2015, p. 157). Briefly, the Privacy Rule addresses the limited use and disclosure of patients’ health information, while the Security Rule refers to the need to safeguard “patients’ health information from improper use or disclosure” (McGonigle & Mastrian, 2015, p. 157). The case scenario discussed in this paper relates to the Privacy Rule and Security Rule of HIPAA.
HIPAA: Is For Everyone’s Compliance For the regular bystander, the case scenario’s clear reference to the institution’s policy against “unauthorized, unlicensed software copies” (NDC Learning House, 2015) would guide one’s response towards the unit manager’s deliberate violation of the institution’s policy. As a subordinate, however, the action or inaction of this writer would depend on her knowledge and understanding of the Privacy and Security Rules of HIPAA. The commonly used phrase “exception to the rule” does not apply to the two Rules of HIPAA. Regardless of one’s status or rank in the organization, one is bound to keep the privacy and security of the patients’ electronic health
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.
All Americans require assurance and protection measures to shield their daily lives and healthcare laws, government regulations, and approaches do only that. The United States government manages these requirements with the expectation of enhancing the strength of the general population while building up the tools, alongside resources and programs to associate in the conveyance of medical care services. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) alongside the security law have affected preventive care services and how it is conveyed. HIPAA was intended to guarantee that the suitable systems were actualized to protect patient's data while getting care.
. 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
Healthcare technology has grown and evolved over time. With the conversion to electronic medical records and the creation of social media just to name a few, ensuring patient privacy is of the utmost importance for healthcare facilities in this day and age. In order for an organization to avoid hefty fines, it is imperative that a healthcare administrator maintains compliance with the standards and regulations associated with the Health Insurance Portability and Accountability Act (HIPAA). This paper will provide a summary
The Health Insurance Portability and Accountability Act (HIPAA) is a set of national standards created for the protection of health information; it is also known as a “Privacy Rule”. This rule was employed in 1996 by the US Department of Health and Human Services (DHHS) to address the use and disclosure of an individual’s health information as well as the standards for the individual’s privacy rights to understand and control the manner in which their information is used.
The Health Insurance Portability and Accountability Act (HIPAA) was passed by congress in 1996, and helps to ensure the privacy and security of Electronic Health Records (EHR's). By following the rules and regulations set forth under HIPAA, we can ensure the safety of patients' EHR's. We are responsible for protecting patients' records, and there are many measures we can take in order do this. Firstly, we must always keep patients' health information private. This means no discussing the records with people that are not authorized to know, and even then, we should only disclose the minimum necessary amount of information possible. For covered entities, we must designate a privacy and security officer to ensure the privacy
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
The Health Insurance Portability and Accountability Act also known as HIPAA was first signed into law on the federal level in 1996. Since it was signed into law it has had a huge effect on patient’s privacy, healthcare workers and even insurance company’s. “HIPAA is intended to improve efficiency throughout health care and requires that health care providers adhere to standardized national privacy and confidentiality protections.” (OMA p .236). It’s an invaluable tool that has created a standard of compliance across the healthcare field.
Health Insurance Portability and Accountability Act, also known as HIPAA, became an act in 1996 by the United States. The act specifies guidelines for the protection and circulation of individually healthcare information. It establishes regulated procedures for electronic data interchange, security, and confidentiality of all healthcare-related data. It is designed to protect individuals from an improper distribution of medical information. The act states what can and cannot be shared without permission and what individual medical records can be accessed by the individual. The act specifies possibilities for reparation and penalties for those who violate the act. HIPAA lessens uncertainty as to what is and what is not a privilege when obtaining individual information. The HIPAA privacy rule applies to all written, oral, or electronic patient information. The security rule covers electronic security and requirements for those receiving protected information. This also helps prevent breaches of information. When individual patients want to access their own medical records and insert corrections if needed, they rely on HIPAA for the right to do so. They are reassured that any of their information will only be shared with those who have a justifiable need to see it or have been given consent by the patient (Magee, n.d.). I believe HIPAA will continue
The breach of patients’ confidential information does not only jeopardize our reputation and reduce the public trust in our organization, it could also lead to severe financial consequences. Under HIPAA law, if an organization is found guilty of unauthorized disclosure of patient medical record, they could face prison time harsh privacy violation penalty. We are sure that none of us want this to happen to our organization. So how can we prevent medical record security leak and better protect our patients’ privacy while also providing the best care possible to all our patients? The following guidelines and
Medical records and medical correspondence are increasingly going digital. This has different risks than traditional paper records. Starting with HIPAA compliant software helps keep digital records safe. The IT end of things is a critical piece of the puzzle and one that can be a burden for small offices
In order to minimize the risks for potential privacy breaches, the health information management (HIM) director has to understand all facets of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This should include conducting an audit of their practices. In this scenario, an audit would have been useful to detect the improper access by the employee sooner. HIPAA uses both its privacy and security regulations to “protect consumer’s health information, allow consumers greater access and control to such information, enhance health care, and finally to create a national framework for health care privacy protection” (Amaguin, n.d.). These privacy and security regulations serve as the “only national set of regulations that governs
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).