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.
In order to ensure their protection HIPAA has instituted the Privacy and Security Rules that pertain to the safeguard of the Administrative, Physical, and Technical aspect to a patients EHRs. This insures that your provider puts into place measurements that guard against any unauthorized use of a patients PHI. Administrative Safeguards: HIPAA requires providers to have policies and procedures that are in place that protect the patients security, privacy and confidentiality. The administrative safeguards required under the HIPAA Security Rule include: • Identifying
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.
HIPAA policy is divided into several titles. The title 1 of HIPAA will secure health insurance for various employees and their relevant families when the employees lose or change their specific jobs. The title II of HIPAA is also known as Administrative Simplification Specification (AS), which will require the standardization of various national standards for secured electronic healthcare data transactions and national identifiers for various providers, health insurance plans and organizations. The official HIPAA privacy rule was first published on April 14, 2003 that had one-year validity with certain schemes.
Put in place in 2003, it was designed to protect patient privacy, informed consent, and how records can be stored and used. Although this law was created with good intentions, it has many negative effects. These negative effects were summarized in the documentary by Dr. Pomeranz, "HIPPA is trying to guarantee patient safety, but in doing so, they're killing the team and killing the relationship" (McGarry, 2013). As discussed in class, HIPPA limits communication that may save lives, and this limitation on communication is what Dr. Pomeranz is indicating as killing the team. Since violating HIPPA is a criminal offense and the rules of the law are too confusing, organizations tend to lean toward the side of caution and limit communication.
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
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.
In 1996, The Health Insurance Portability and Accountability Act (HIPAA)
HIPAA is the acronym for the Health Insurance Portability and Accountability Act that was passed by Congress in 1996. the portion of HIPAA addressing the ability to retain health coverage is actually overseen by the California Department of Insurance and the California Department of Managed Health Care. The initial two titles of HIPPA are: Title I secures medical coverage scope for laborers and their families when they change or lose their employments. Second Title II known as the Administrative Simplification arrangements, requires the foundation of national measures for electronic human services exchanges and national identifiers for suppliers, medical coverage arrangements, and managers. HIPAA 's underlying object was to guarantee and enhance the coherence of medical coverage scope for laborers evolving employments.
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).
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
It does not matter the reason you got, give directly or indirectly patient information to someone or the simple thing to check any patient information without a consent form is illegal. HIPAA do not play with that. Any violation to HIPAA occurring on or after 2/18/2009 will have a penalty of $100 to $50,000 or more per violation. A person who knowingly obtains or discloses individually identifiable health information in violation of the Privacy Rule may face a criminal penalty too. HIPAA is not about the money, is about people lives, people safety, people privacy and rights.
