HIPAA Violation In Hospitals: A Case Study

With privacy being of the utmost importance within a medical practice, HIPAA compliance can be a significant legal issue when implementing the AHSI Project into production. HIPAA compliance is a very important legal issue that should be reviewed by the legal team on any project. Encryption is also important as a legal issue, if the software is not encrypted and patient information is not protected, it can be a HIPAA violation as privacy is. Trust as a legal issue involves HIPAA compliance as well as trust in the legal system that CareMount Medical

When examining the case of the State of California against Dr Zhou, we can clearly conclude that the HIPAA law of which was convicted of violated is not just words written on paper to buy patients' confidence, it is meaningful law set in place to protect patient privacy and any ones violating this law, regardless of your position in the health care field can be persecuted punished for violating the law, even in the absence damages evidence resulting from the violation of the law. The purpose of this post is to discuss the case of the State of California against the physician, Dr Huping Zhou, in this post I will review the HIPAA law, penalties for violation of the law and why I felt that Doctor Zhou was very fortunate for his punishments four

The federal Health Insurance Portability and Accountability Act also known as HIPAA has set a national standard for the handling of electronically stored medical records. Medical confidentiality protects conversations between a patient and his or her doctor from being used against the patient in court. It is a part of the rules of evidence in many common law jurisdictions. The penalties for violating HIPPA are based on the level of negligence and can range from $100 to $50,000 per violation or per record, with a maximum of $1.5 million per year. Violations can also carry criminal charges that can result in jail time.

The act is meant to followed by the rules, but the state can change certain thing according to the way it believes HIPAA should be done. If someone were to commit theft, he or she would have to pay thousand in fines and be sentenced to ten years of imprisonment. The hospitals and medical institutes must call, mail, email, or use the media to inform the victims that his or her information is a risk. They will have up to 30 days to contact everyone involved or an additional 30 if he or she is having trouble finding a large number of people or if the police have to become part of the solution.

The first article was a summary of the HIPAA Privacy Rule. In the article, there was an introduction on what HIPAA meant and its importance. First off, HIPAA stands for the Health Insurance Portability and Accountability Act of 1996 and it is a disclosure of patient information so that it is protected from unknown individuals and to assure that health providers abide by the privacy rule. Some key facts about HIPAA were, who was covered, what information is protected, and administrative requirements. Noncompliance and criminal penalties were some of the critical issues found in the article.

When it comes to a patient that does not speak English the first thing we have to do is find someone capable and a professional to translate, complying with all the HIPAA regulations are being taken care of and not violated. Whether it is a live person, over the phone service or if available online. We cannot ask a family member to serve as a translator because we might break the patient confidentiality if the patient does not want anybody knowing his diagnosis and the procedures being done to them. With a deaf patient first we have to find out what is the best way to communicate with the patient if by reading lips always face them forward so they can read our lips, speaking clearly so they can understand a little better what we are trying

The Health Insurance Portability and Accountability Act (HIPAA) is a vital part of the health care industry’s day to day business. HIPAAs procedures define how healthcare companies receive and handle their clients’ health care information. HIPAA helps to protect the patient’s personal information through confidentiality and security procedures while being transferred, handled or shared with other healthcare providers (Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules, 2013). When a patient’s privacy is not regulated, third parties could buy and sell the information without the patients’ authorization. With HIPAA being in place, it prevents healthcare employees from divulging any patient information they

Healthcare providers and organizations are obligated and bound to protect patient confidentiality by laws and regulations. Patient information may only be disclosed to those directly involved in the patient’s care or those the patient identifies as able to receive the information. The HIPAA Act of 1996 is the federal law mandating healthcare organizations and clinicians to safeguard patient’s medical information. This law corresponds with the Health Information Technology for Economic and Clinical Health Act to include security standards for protecting electronic health information. The healthcare organization is legally responsible for establishing procedures to prevent data

All healthcare professionals, whether it is the receptionists all the way up to the owner of the hospital, are going to have heard about HIPAA at some point in their employment. The punishment is pretty hefty, so that is probably why there are only a couple of cases with violations of HIPAA resulting in criminal severities. The legalities of breaching PHI “to a third party carries a jail term of up to 10 years in addition to a maximum fine of $500,000 if the disclosure is made

The HIPAA rule is built to protect and prevent disclosing individuals’, and consumers’ identifiable health care information unlawfully and without getting authority from the concern parties. If someone break the law, individuals are subject to civil penalties of $100 on each violation but the penalty can accumulates based on numbers of violations; the standard maximum limit of civil penalties is $25,000 each person, each year (HIPAA Privacy Rule – What Employers Need to Know, n. d.). As per stacking rules, if a person violated two HIPAA standards, the penalty can be $50,000; Similarly, the criminal penalties subject to maximum of $ 250,000 and ten years in prison can be imposed to those individuals and parties who disclosed protected information

Nurses and doctors take the oath to protect the privacy and the confidentiality of patients. Patients and their medical conditions should not be discussed with anyone who is not treating the patient. Electronic health records are held to the same standards as nurses in that information is to be kept between, and shared only with the immediate care team. HIPAA violations are not taken lightly nor are the violation fines cheap. Depending on the violation, a hospital can be fined from $100 to $50,000 per violation (National Nurse 2011 p 23).

1. Locate an interesting article about a HIPAA violation in which a healthcare professional breached patient confidentiality. According to New York Times Article “New York –Presbyterian Hospital has agreed to pay a $2.2 million penalty to federal regulators for allowing television crews to film two patients without their consent- one which was dying, the other in significant distress. Regulators said on Thursday that the hospital allowed filming to continue even after a medical professional asked that it stop.” (Ornstein, 2016) a. Explain how HIPAA was violated

There will be patients that dislike the EHR and prefer the old fashion paper system as they believe that to be a safest way to store information. Ethical and social implications of Electronic Health records are not limited to, hacking, provider ’s neglect of loosing laptops with patient confidential information, leaving other patient records up while a different patient is in the room. Insufficient training for staff as many staff may not be properly trained in implementing HIPPA which compromises patient’s privacy. Over worked staff may input wrong information in the EHR such as inaccurate spelling and recording of patients’ name and current medication history.

The goals of HIPAA are to ensure medical coverage scope for workers and their families when they change or lose their employments and to secure wellbeing information trustworthiness, classification, and accessibility. The objectives are also to enhance our health care framework by making it more proficient, less difficult, and less

HIPAA Violation rocks hospital! An employee at St. Charles Health system accessed over 2400 patients’ medical records over a two-year period because they were curious. We all know that curiosity killed the cat and now it may have direr consequences for this curiosity seeker and the hospital system. HIPAA Violation without intent to commit fraud The employee who viewed the protected health information (PHI) without a legitimate reason to do so is in jeopardy of large civil fines, loss of their respective clinical license and criminal prosecution.