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HIPAA expressly allows a covered entity, such as the Hospital, to disclose PHI for the purpose of obtaining reimbursement for the provision of health care without need of the patient’s authorization. Accordingly, we recommend that a letter be sent to Mr. Craven explaining why his complaint has no basis in law or fact. The goal of this letter will be to discourage him from making a frivolous complaint to the government. I.
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.
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.
This time also they sell all their junk to the third party. This time the breach was occurred due to the improper disposal of the hardware and the negligence of the IT employee. With this second breach of the HIPAA violation the HHS imposed $50k fine on the clinic and the hospital administration fired the employee and HHS imposed a fine of $10k on the
The purpose of the HIPAA transactions and code set standards is to simplify the processes and decrease the costs associated with payment for health care services. The transactions and code set standards apply to patient-identifiable health information transmitted electronically. Physician practices will continue to be able to submit paper claims. When the regulations take effect in October 2002, standard formats and code sets will take the place of any payer-specific or location-specific formats or requirements. ICD-9-CM Volume 1 and 2: Diagnosis Coding - ICD-9-CM is used to code and classify morbidity data from the inpatient and outpatient records, physician offices, and most National Center for Health Statistics (NCHS) surveys.
Hospital Employee received 18 months in jail for HIPAA Violations On February 24, 2015, 30 years old Joshua Hippler, was found guilty for convicting HIPPA Violation and has been sentenced to serve 18 months in jail. Hippler was a former employee at East Texas hospital where he was alleged to have accessed to Protected Health Information. But instead he was intentionally selling patient’s information for his own personal gain. Hippler was indicted by a federal grand jury on Mar. 26, 2014 and the case was heard by United States Magistrate Judge John D. Love on August 28, 2014.
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.
A person who is under the belief that the Privacy Rule is being broken can file a complaint with the Department of Health and Human Services Office for Civil Rights (OCR). However, unfortuanlety, the OCR has a long queue and many complaints don’t go answered. .the agency has gotten over 23,000 complaints related to medical-privacy rules, but it has not yet taken any enforcement actions towards said hospitals, doctors, insurers or anyone else for rule violations. A PR rep for the agency says it has closed around 3 quarters of the complaints, typically because it found no infrgiment or after it provided informal navigation of the rules to the parties involved. However, in July of 2011, UCLA agreed to pay $865,500 in a settlement regarding
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
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.
HIPAA is legislation that is mostly used in United States for the protection and privacy of the patient’s information. The medical information is protected by HIPAA whereby it ensures safe access to health and other personal information. HIPAA is therefore divided into five rules and regulations. There is private rule which ensures that all the information about individual’s health is highly protected. Private rule allows a good flow of health care information to ensure that an individual gets the best quality health care.
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
As we know the primary goal of HIPAA (Health Insurance Portability and Accountability Act) is to protect us. They establish national standards to protect individuals’ medical records and personal health information. But what happen when somebody break the rules? Every time when we go to the Doctor Office they always explain us about HIPPA, also they give us a consent form to sign.