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.
. 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
If one violates one’s privacy they are looking at very costly civil violations. For unknowing violations, one’s privacy, you will owe $100 per violation and $25,000 for a repeat violation. For violation HIPAA for a reasonable cause, it is $1,000 per violation with $100,000 for repeat violations. As for willful neglect but the violation is corrected within a certain time period it is $10,000 per violation with $250,000 for a repeat violation. Lastly, someone could owe $50,000 per violation and up to a maximum of $1.5 million for a repeat violation that is not corrected within the required time period (Brown,2014). As if that doesn’t seem to get any worse someone is also looking to facing criminal penalties when violating these laws. For individuals who knowingly violate HIPAA laws they can face up to a year of imprisonment. With someone who has the intentions to sell someone’s information to another individual can face up to ten years in prison (Brown, 2014). When starting a job in a hospital all employees are required to sign their understanding of the HIPAA laws for that hospital. Many hospitals require certain training and in-services to provide understanding of the laws and its importance in the hospital setting. If HIPAA is violated most hospitals let the employee know in the paperwork that they sign that they will be terminated immediately.
Whenever any healthcare personal violates the HIPAA policy the punishments can be minor to server. The individual who bleaches privacy of any medical records the punishment can be verbal warning without further punishment the individual doesn’t violates the rules and regulation. If the individual in question violates the rule or regulation the individual can be place on probation, suspended without pay until further notice. Some one can be signed to look over you and check out all what you do on regular basic as you work. If you have authorization for high level clearance documents, it would be stripe from whoever violated the rules and regulations.
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,"
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.
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 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
There is the privacy rule that tells what information can be used or not. The security rule that covers entities with confidentiality and the availability of ePHIL and last the Breach notification rule that lets the U.S department of health and human service talk to the media about infected patients if it will cause harm to the population. (HIPAA Basics for Providers: Privacy, Security, and Breach Notification Rules, 2016) My facility is preventing HIPAA violations by covering all paper info with a blank sheet over patient records, there is also limited people allowed in behind the nurse's desk where the computers are kept the possible threats of the EHR could be hacker obtaining patient records. Patient information could be breached unintentionally for example people walking by and looking at the computer or may be heard over the telephone or even if a device is stolen or lost are ways that could be breached. (Burkhardt & Nathaniel, 2014)Healthcare workers could also access anyone’s chart including their own without permission. HIPPA violations could result in suspension, fines, and jail
HIPAA, (Health Insurance and Portability Act of 1996) outlines rules and regulations and the rights of patients to access their healthcare information such as notifications of privacy practices, copying and viewing medical records, and amendments. This paper explains why confidentiality is important today and discusses recourses patients can use if they believe their privacy has been violated. This paper will also discuss criminal and civil penalties’ that can occur for breaking HIPAA privacy rules.
HIPAA requires nurses and nursing students to keep patients’ medical records confidential at all time. For instance, I used computer to review patient’s diagnosis, I made sure that I signed off the computer after using it. I also made sure that all the information I brought home with me did not include patient’s name and other information that identify patient identity.
There are laws in place that protect a patient in the health care setting. The Health Insurance Portability and Accountability Act of 1996 or HIPAA, as it is known in the healthcare field, was designed to protect the privacy,confidentiality and security of patient information (Pozgar, 2013).Employees the health care field are very aware of HIPAA and the rights of their patients. All staff knows that patient information can only be discussed with qualified individuals on a need to know basis. Speaking about cases outside of work is strictly prohibited. Photography or recording of any patient interaction is also a breach of a patient's rights as well. The problem with this is that there are many policies in place to protect the
Health Insurance Portability Accountability Act (HIPAA) is the protection of patient’s private health information. It’s very pertinent to the patients that their personal information is being kept privately away from unauthorized viewers. Patients are allowed to have access to their own health records if they request them. Workers that has access to protected health information are required by law to secure all information in a file and not share with anyone any information that is not relevant to them. You should always know whom to disclosed the proper protected health information to when necessary. There are safeguards that can help with ensuring the security and protection of the protected health information, while the information is being transmitted or stored in its proper place.
All this information will be relating directly or indirectly to the patient’s past, present or future medical conditions. There are two way covered entities do not need to keep medical information confidential are when the information does not reveal the identity of the patient and the patient authorizes the release of information through a written HIPAA authorized release. There are some situations where non-covered entity does not need the patient’s authorization for their health records; these situations would be a court order. If a health care personal violate HIPAA, it can be very costly to the organization. The HIPAA fine have different categorize, if you will and have their own fines. One example, say a health care did not know they violated HIPAA. The investigation would have to prove that they did not know what he or she was doing. When that is said and done, a fine still needs to be paid. The find for this type would be a minimum of $100 per violation and the maximum is $50,000. On the other end of the scale, a person who knows that they are violating HIPAA, they will be hit with a $50,000 fine for each incident. With his fine, the company has the right to either fire the employee or take other disciplinary action, depending on the
The hospital accounting department will also be off limits except only for those personnel that are authorized. Extra vigilance must be place on all medical record rooms, since the hospital still has paper medical records. All medical staff will receive training so that they understand the importance of HIPAA. This policy will guarantee that we have controls in place in regards to accessing patient information and staff access is monitored.