Case Study: Prison Term In HIPAA Violation Case
When examining the case of the State of California against Dr Huping Zhou, we can conclude that the HIPAA law is a meaningful law set in place to protect patients’ privacy, and any one 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, the penalties for violation of the law and why I feel that Doctor Zhou was very fortunate to receve the punishments four months in prison and just $2000 in fine. As a physician, a researcher of UCLA School
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.
This describes the issue of violation of privacy to access personal information from medical records. The professional health workers took Henrietta’s cells from her cervical area, utilizing her body for the sake of science. It was violation and a crime. Because of these issues, it has raised the concern about hospital administrators following privacy protocol to this day. This should not have been done by medical staff, especially professionals to keep her information confidential, with no public access to her records.
I agree with you, Dr. Zhou should have clear understanding of the HIPAA law, that is part of orientation practice for everyone who has access to patient information in the health care field. For Dr. Zhou to access the patient electronic records after his termination is very alarming. Everyone agrees that his plea deal of $2000 of fine and four months in prison was a lesser punishment than what he deserves. According the HIPAA law he could spent more than 10 years in prison for his action .What is your thoughts. Don’t you think UCLA should have been liable for failing to protect the patient information.
The walls in the office of healthcare providers are made sound proof by the Health Insurance Portability and Accountability Act (HIPPA). Sound proof meaning that each patient’s healthcare information can only be shared between the provider and the patient; their information is required to remain confidential by law. In 1996, HIPPA was passed by congress; the act included regulations that would help to protect patient privacy and health information (Petersen, 2001). After reading the novel, “The Immortal Life of Henrietta Lacks” by Rebecca Skloot one may be appalled and think that what occurs in the novel is a complete violation of HIPPA. But, the time frame needs to be taken into consideration.
Since HIPAA become mandatory on most of the health care organization, patient information is more secure compared to previous. Health care organization are investing huge amount of fund for safety measures to protect the patient information and i think this is the main concern in today's advanced health care
The Health Insurance Portability and Accountability Act, or HIPAA, was passed by the U.S. Congress and signed by President Bill Clinton in the year 1996. As a broad Congressional attempt at healthcare reform HIPAA was first introduced into Congress as the Kennedy-Kassebaum Bill named after two of its leading sponsors. The law has several different purposes that mainly focus on the protection of the healthcare provider and their patient depending on the circumstances and situations that may typically occur in a medical environment. The act itself was passed with two main objectives.
As a result of HIPPA Privacy Rules the processes of the healthcare has changed. The HIPPA Privacy Rule may now supersede state laws. At first the Privacy Rule was only a federal floor or minimum of privacy requirements so it does not preempt or supersede, stricter state statues or other federal statues. The word stricter refers to state and federal statues that provide individuals with greater privacy protection and gives individuals greater rights with the respect to their personal health information.
The Health Insurance and Portability and Accountability Act ( HIPAA) of 1996 provides security provisions and data privacy for protecting a patient’s medical information. HIPAA has guidelines to ensure that a patient’s confidentiality is maintained while allowing the communication of a patient’s medical records between certain bodies or people or officials. Officials that a patient’s medical records can be shared with are other health care providers, health plans, business associates, and health care clearinghouses. HIPAA protects all “ individually identifiable health information”. There is a specific protocol to follow when sharing a patient’s medical information.
HIPAA also aims to decrease health care spending by lowering fraud and corruption which involves President Clinton’s 1993 health program’s projected criminal and civil punishments against doctors and other clinicians. Being a federal health fraud act, HIPAA tightened punishments, increased financial allocations dedicated to fraud prevention, and prompted an exceptional amount of authority movements. Furthermore, for health programs of the federal government, HIPAA used the warning of the worst punishments to turn billing arguments into a criminal offense and restrain reduction of cost thereafter, rather than enhancing the advance payment requests auditing process. Also, HIPAA was enacted with the assurance that it would decrease the employee’s
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).
(September 30, 2013) - The Department of Health and Human Services (HHS) published amended rules applicable to the Health Insurance Portability and Accountability Act (HIPAA) of 1996 in January 2013. As explained by the Secretary of HHS, healthcare has experienced significant changes since HIPAA was enacted in 1996. The implementation of electronic medical records is just one of those changes. The new HIPAA regulations are designed to provide patients with better privacy protection, and additional rights not included in the original HIPAA rules.
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
As records were shared electronically rules were implemented for clinicians to follow known as The Health Insurance Portability and Accountability Act (HIPAA) of 1996 (Summary of the HIPAA Security Rule ,2013). These rules were implemented for clinicians to protect the
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