HIPPA Violations Essay

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

In the health care business, there are certain standards and laws that have been put in place to protect our patients and their personal health information. When a health care facility fails to protect their patient’s confidential information, the US Government may get involved and facilities may be forced to pay huge sums of money in fines, and risk damaging their reputation.

Under the HIPAA compliance audit program if a healthcare organization has attested and is later audited and found not to be compliant with HIPAA, the organization could face penalties including giving back the meaningful use incentive money. (Goedert, 2013) provided the following ways to ensure compliance: conduct mock audits, make sure all data within the organization is encrypted, computer access is logged, network security gaps have been filled, policies and regulations have been updated and expanded, and most importantly that all staff complete annual HIPAA training courses with emphasis on privacy and security.

At out facility the Medical Doctor must obtain the informed consent prior to HIPAA I can remember getting these consents signed and making sure the patient understood what was to be done.

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

Other forms are taking video or audio, also speaking about the patient to other people who are directly involved in that patient medical care. One most common form of HIPAA violation today are posting in social media pictures and recording a patient endure information regarding health care.

According to Michael Moore,” health care should be between the doctor and the patient. If the doctor says something needs to be done, the government should guarantee it gets paid for.” I strongly agree with Michael Moore’s statement about how health care needs to be confidential. If anything should be done, then the federal government are the ones to offer it. Health information is to help doctors understand their patient’s medical issues, but there are some cases where patient’s medical records are shared with unknown people. Can medical facilities trust their employees with the health information of a patient?

The Health Insurance Portability and Accountability Act or HIPAA which is enforced by the U.S Department of Health and Human Services exists to ensure that the basic security surrounding protected health information exists. Under HIPAA, protected health information utilized by covered entities such as healthcare providers, specific health plans or healthcare clearinghouses are required to be maintained and secured in compliance with certain guidelines aimed at protecting its integrity. Whenever protected health information is released by a covered entity, HIPAA standards require that elements of consent and/or authorization be satisfied. In these circumstances, consent is the less formal element and can oftentimes be satisfied by the issuance

A lot of processes changed within in healthcare as a result of the HIPAA privacy law. Like the rules of the office, and how you handle patient information. As health care providers we need to be cautious with patient information, because medical identity theft is on the rise. Also we need to be cautious, because patient information shouldn't be spreaded around for one it's not professional, and no patient wants their personal medical information spreaded all over. HIPAA protects patient’s medical record, so the patients look to us for just that. So with that being said I’m sure a lot of processes has been changed. I'm glad HIPAA was born, because it helps patients be more confident in the privacy of their personal medical information.

If Kaiser Permanente did not take steps to quickly resolve the issues within the group and organization they might face a HIPAA violation. HIPAA Violators can be sentenced for up to 10 years in prison and fined up to $250,000 in criminal penalties for failure to comply. In addition, civil penalties can be imposed that include $100 per violation and up to $25,000 per person, per year for each violation (DMA.org, 2002).

"HIPAA doesn?t necessarily prescribe the solutions, but it does require physicians to look at all of the ways that they use and access data today and determine whether that?s reasonable or not." to help you begin your HIPAA compliance process, following are some practical ideas for rethinking how you maintain and use patient information in your office. Appoint one or two staff members (depending on the size of your office) to review the HIPAA act, determine the changes your practice needs to make, and decide if you?ll need outside help. To keep this project manageable, do not wait until the last minute. Remember: most of the healthcare industry will have to be HIPAA compliant by April 14, 2003. Furthermore, compliance is not optional. Those found in violation of the act will be penalized: "Civil penalties range up to $25,000 per violation of each standard. Criminal penalties range up to $250,000 in fines and/or up to 10 years in prison."3

A violation of HIPAA rule carries fines for breaches ranges between $100 to $50,000 per violation.

Everyone is entitled to confidentiality unless they give permission for someone else to see their information or they can no longer make decisions on their own (for example, if they are confused or comatose). A federal law, Health Insurance Portability and Accountability Act applies to most health care physicians and its guideline, known as the Privacy Rule. The Privacy Rule sets specific rules regarding privacy, access, and disclosure of information. For example, HIPAA specifies the following:

The principles that allow covered entities such as government agencies to release protected health information only with the patient’s consent is that PHI will be released in compliance with the regulations governing reporting requirements. There are times where the government can release protected health information, the HIPAA Privacy Rule provides that protected

Privacy and confidentiality are basic rights in our society. Safeguarding those rights, with respect to an individual’s personal health information, is our ethical and legal obligation as health care providers. Doing so in today’s health care environment is increasingly challenging (OJIN, 2005).