Patient Confidentiality And HIPAA Paper
Patient Confidentiality and HIPAA
Tamika Marshall
HPIC/245C
Fundamentals of Information Systems for Health Care
July 21, 2013
University of Phoenix
After three years of making sure they got it correct, the Unites States signed into law HIPAA. Health
Insurance Portability and Accountability Act was developed by The Department of Health and Human
Services. August 21, 1996 changed the way medical professionals conducted patient business forever.
The law is designed to provide privacy standards and to protect patients medical records and other health information.
HIPAA is broken down into two categories: Health Care Portability and Preventing Healthcare
Fraud & Abuse, Administrative Simplification …show more content…
The core of HIPAA privacy rule is protection, use and disclosure of PHI
(Protected Health Information)
The use of PHI means sharing, employing, applying, utilizing and examining information within the organization. Disclosing is defined as releasing, transferring, provision of access and divulging in any manner information to outside organizations.
HIPAA allows providers to use health care information for the purpose of TPO. Treatment: for the sole reason of sharing information in order to care for the patient. Payment: receiving payments for services provided. Operations: to conduct normal business activities such as quality improvement.
Patients are informed when they sign a form at their first visit. The Notice of Privacy Practices explains the policies and procedure and they in turn authorize the provider to not only establish care with the patient, but to consent to release information when needed and necessary.
Rights of patients: To receive a copy of the Privacy Notice they signed. Access to their medical records and a right to restrict access by others. Ask provider to limit the way in which health care information is shared and to keep disclosures to minimum needed for treatments and …show more content…
• Medical research
• Emergencies
• Funeral Director/Coroner
• Disaster Relief
• Law Enforcement
• Correctional Institutions
• Abuse/Neglect
• Organ & Tissue Donation Centers
• Work related condition that may affect employee health
• Judicial proceedings at the patient request or directed by a subpoena or court order
February 17, 2009, the American Recovery and Reinvestment Act were signed into law. It went into detail the civil and criminal penalties that can take place as a result of a HIPAA violation.
1. DIDN’T KNOW THEY VIOLATED: $1,000 PER VIOLATION WITH MAX OF $50,000 PER VIOLATION
2. DUE TO REASONABLE CAUSE AND NOT DUE TO WILLFUL NEGLECT: $1,000 PER VIOLATION WITH MAX OF $50,000 PER VIOLATION AND TWO TO FIVE YEARS IN FEDERAL PRISON.
3. DUE TO WILLFUL NEGLECT BUT CORRECTED MISTAKE IN TIME: $10,000 PER VIOLATION WITH MAX $ 1.5 MILLION PER VIOLATION AND 10-15 YEARS FEDERAL PRISION.
4. DUE TO WILLFUL NEGLECT AND DID NOT MAKE ANY ATTEMPT TO CORRECT MISTAKE: $50,000 PER VIOLATION WITH MA $1.5 MILLION AND 15-30 YEARS FEDERAL PRISION
References:
Tamika Marshall
HPIC/245C
Fundamentals of Information Systems for Health Care
July 21, 2013
University of Phoenix
After three years of making sure they got it correct, the Unites States signed into law HIPAA. Health
Insurance Portability and Accountability Act was developed by The Department of Health and Human
Services. August 21, 1996 changed the way medical professionals conducted patient business forever.
The law is designed to provide privacy standards and to protect patients medical records and other health information.
HIPAA is broken down into two categories: Health Care Portability and Preventing Healthcare
Fraud & Abuse, Administrative Simplification …show more content…
The core of HIPAA privacy rule is protection, use and disclosure of PHI
(Protected Health Information)
The use of PHI means sharing, employing, applying, utilizing and examining information within the organization. Disclosing is defined as releasing, transferring, provision of access and divulging in any manner information to outside organizations.
HIPAA allows providers to use health care information for the purpose of TPO. Treatment: for the sole reason of sharing information in order to care for the patient. Payment: receiving payments for services provided. Operations: to conduct normal business activities such as quality improvement.
Patients are informed when they sign a form at their first visit. The Notice of Privacy Practices explains the policies and procedure and they in turn authorize the provider to not only establish care with the patient, but to consent to release information when needed and necessary.
Rights of patients: To receive a copy of the Privacy Notice they signed. Access to their medical records and a right to restrict access by others. Ask provider to limit the way in which health care information is shared and to keep disclosures to minimum needed for treatments and …show more content…
• Medical research
• Emergencies
• Funeral Director/Coroner
• Disaster Relief
• Law Enforcement
• Correctional Institutions
• Abuse/Neglect
• Organ & Tissue Donation Centers
• Work related condition that may affect employee health
• Judicial proceedings at the patient request or directed by a subpoena or court order
February 17, 2009, the American Recovery and Reinvestment Act were signed into law. It went into detail the civil and criminal penalties that can take place as a result of a HIPAA violation.
1. DIDN’T KNOW THEY VIOLATED: $1,000 PER VIOLATION WITH MAX OF $50,000 PER VIOLATION
2. DUE TO REASONABLE CAUSE AND NOT DUE TO WILLFUL NEGLECT: $1,000 PER VIOLATION WITH MAX OF $50,000 PER VIOLATION AND TWO TO FIVE YEARS IN FEDERAL PRISON.
3. DUE TO WILLFUL NEGLECT BUT CORRECTED MISTAKE IN TIME: $10,000 PER VIOLATION WITH MAX $ 1.5 MILLION PER VIOLATION AND 10-15 YEARS FEDERAL PRISION.
4. DUE TO WILLFUL NEGLECT AND DID NOT MAKE ANY ATTEMPT TO CORRECT MISTAKE: $50,000 PER VIOLATION WITH MA $1.5 MILLION AND 15-30 YEARS FEDERAL PRISION
References: