This research is being submitted on November 18, 2012 for Lashonda Crockett H340/HSA3422 Section 03 Regulation and Compliance in Health Care.
How does HIPAA serve to protect patient rights? Answer in general terms, but then apply the question to the case study. (Who is HIPAA serving here in terms of patient rights? Explain. Should HIPAA be applied here at all? Why or why not?) HIPAA is in place to protect patients and all their medical information. This was a direct violation. If they would not have mentioned names, ages or other identifying factors except for the issue at hand they would not be in violation. Since they spoke of names and other identifiers in a place where they can be overheard, the people who were referred to her for help can easily be searched and found and then be ridiculed for the issues at hand. What areas of HIPAA compliance impact the employer?
This employer that employees these workers can be sued. If anyone had wanted to confront the people they spoke about, it could be a way for these individuals could lose their jobs, housing or worse. They can be charge with slander as well. This is just a horrible situation for the employer since they could have criminal charges they would have to fire these workers. Then those workers would have a hard time find another job. What actions should the ICMHA director take about the alleged HIPAA violation in the case? This would definitely be an issue of considering these employees work history to see if this has happened before. Even though the work load is heavy due to losing an employee, I would have to look into suspending these workers and do a check into their work history. There would be talks with this family and grandmother who overheard them. It would possibly come down to sending them to another place for help and paying for them to get that help. There would also be an audit should be done on the department to see if this is happening...