HIPAA Privacy Case Summary

Dr. Patterson’s office called to give patient Sara Martin her results, but her husband answered and asked to relay the message. As a doctor, she cannot give out patient’s information to anyone but the patient. In this situation Dr. Patterson should explain to the husband that information can only be released to the patient and; although he is the husband she would have to sign an information release form. If this information where to get released and she did not want anyone else to know , this would be a HIPAA violation and there can be fines to pay and may lose her

To perform work defined in the contract between a covered entity and its business associate.

The HIPPA privacy rule act protects individual’s medical records, and other personal health information. A patient’s privacy records can pertain to; identity, health care, medical records, and demographic profile. HIPPA rules requires, safeguarding a patients privacy of personal health information, it also sets limits on what can be used or disclosed with others without a patients authorization.

165). The HIPAA regulations are set as a protection of Personal Health Information (PHI) and all of its areas of concern, i.e. – name, condition, symptoms, etc… Legally, the nurse is not subjected to any clearly defined healthcare related laws, at the federal level, liable under the Privacy Acts of 1974 which protects any personal identification records or information relating to the patient’s privacy. The nurse takes photographs of the patient’s demographic information from his electronic health record which violates the regulations set forth by the Privacy Acts of 1974 (Privacy Act of 1974, n.d.). In many aspects of this scenario, a major concern lies on the nurse’s ethical, unethical, practice. The American Nurses Association (ANA) delineates in Provision Three of the Code of Ethics for Nurses “The nurse promotes, advocates for, and protects the rights, health, and safety of the patient.” (ANA, 2015). The nurse is in many violations enough to end their career in this situation. The privacy of the patient is a right not a privilege. With the increase usage of social media, this invasion of privacy on the patient could potentially be leaked and could lead to jeopardizing the patient’s safety while in the hospital.

employer, professional regulatory body, and the law for an unwarranted breach of confidence, it is essential that any disclosure of information is done appropriately within the requirements of the duty owed to the patient” (Griffith, 2015, p.358). The law is very strict and nobody has the right to violate the patient's confidentiality and have access to the medical information without been authorized by the patient. For this action Kevin will need written authorization in order to have access to the records. According to the Code of Ethics for Nurses is the nurse who is charged with helping to preserve the patient’s privacy by only asking the questions that are clinically relevant. “Confidentiality is

With the social media craze and hospitals utilizing electronic medical records (EMR), there have been more reports of patient confidentiality breaches. It is as if HIPAA does not exist anymore. Many healthcare employees have been terminated for their social media post. Who would have thought posting a simple picture of a child you took care of on FaceBook could get you fired? Or simply stating something you experienced while wearing hospital paraphernalia could possibly get you terminated. These are just two commonly seen examples of HIPAA violations.

The HIPAA Privacy Rule identifies the authentic need for public health specialists and others accountable for safeguarding public health and safety to have contact to secure health evidence to carry out their public health task. This rule identifies that public health reports made by protected persons are an imperative resource of recognizing dangers to the health and safety of the public as a whole, as well as persons. The rule also licenses protected objects to unveil threatened health material without approval for known public health devotions. To improve and uphold the public's health, deterrent programs and events are needed. The public health system emphases on prevention through population founded health advancement and public services

This worker met with Mr. Brian Johnson to review the report and we met in Brookdale office. Privacy practices and Tennessen notices were reviewed and signed. The interview was recorded.

“Facebook remains the most popular platform for those using just one social media site—fully 79% of those who use just one site report using Facebook. Most Facebook users are actively engaging with their networks on the site. As opposed to simply reading or viewing content, 65% of Facebook users frequently or sometimes share, post or comment on Facebook” (Duggan, Ellison, Lampe, et al, 2015). As discussed previously, privacy and confidentiality is a right that everyone has no matter what. Therefore, healthcare professional’s privacy and communication cannot be entered and examined however; rules and guidelines have been put into place to manage confidentiality in the healthcare setting. In 2003, these guidelines were manifested and are known as the Privacy Rules, which are controlled by HIPAA. These rules were established to safeguard personal identifiable health data, which include an individual’s date of birth, social security number, address, photographs that may identify the patient, and past and current medical history (U.S Department of Health and Human Services, 2006). HIPAA defines “individually identifiable health information” as information that is a subdivision of health data, including demographic information gathered from an individual and is generated or received by a health care provider, health plan, employer, or health care clearinghouse and connects to the previous, current or future physical or

Did you know that violating HIPAA can lead to criminal charges and even possible jail time? Also can cost you up to $1.5 million a year depending on the violation (Brown,2014). Violating HIPAA can be something as little as talking about the treatment of your patient that day to another nurse in the elevator. In this paper HIPAA will be defined and the importance of HIPAA in the health care system. As well as outcomes of what will happen if laws are violated. In addition, the scenario ending and what should happen to the nurse. Lastly, the advantages and disadvantages of cellphones and electronic devices in healthcare.

There are laws in place that protect a patient in the health care setting. The Health Insurance Portability and Accountability Act of 1996 or HIPAA, as it is known in the healthcare field, was designed to protect the privacy,confidentiality and security of patient information (Pozgar, 2013).Employees the health care field are very aware of HIPAA and the rights of their patients. All staff knows that patient information can only be discussed with qualified individuals on a need to know basis. Speaking about cases outside of work is strictly prohibited. Photography or recording of any patient interaction is also a breach of a patient's rights as well. The problem with this is that there are many policies in place to protect the

As the Compliance Officer, I would choose the single ‘all or nothing’ approach when structuring a policy for applying the Privacy Rules. Though most cases are complex and are not as ‘cut and dry’ in the application of the privacy rules, at the end of the day, the single approach ensures simplicity and uniformity. The institution’s privacy notice will inform patients that the hospital may talk to family members and other individuals involved in their care and that minimal information about them included in the hospital’s directory can be provided to individuals that ask for the patient by name. The patient will however be giving the option to opt out of this. If they opt out, no information will be disclosed, if they do not then the hospital will use its discretion and professional judgment in making a decision that in the best interest of the patient as to who to disclose to. Hospital staff will be train on how to obtain use judgment on how to informally obtain information based on circumstances about a patient preference for disclosure of their PHI.

In the scenario discussed the nurse working makes numerous decisions that put both her and her patient at risk. She violates the patient’s privacy not only by taking pictures of him while unconscious, but also by sending them to her friend as well as taking pictures of the patient’s demographics. According to the HIPAA standards, any unauthorized disclosure of private patient information, is a breach of the Privacy Rule (HHS, n.d). It would be a completely different story if the nurse were to have asked the patient once he had recovered if she could take a picture and had gotten his authorization. However, that is not the case and the nurse, if caught, could face penalties. Not only is the nurse violating the patient’s privacy, she is also violating

In the world today, smartphones are becoming the “norm”, with basic phones becoming nearly obsolete in recent years. Pairing the overwhelming presence of social media with the rise in usage of smartphones brings to light an entirely new set of problems and challenges regarding patient privacy. According to a 2010 study conducted regarding various boards of nursing, 67% of executive officers surveyed reported receiving complaints about nurses misusing social media (Spector & Kappel,

In the present culture of the United States, social media has had a major impact in American society. It has a profound influence and intertwined itself in almost every aspect of the average American’s life. It ranges from providing updates of location of a person(s), events, and sharing personal moments. Even different industries are utilizing social media as a platform for communication, information, and sales mediums. One industry, the health care field has seen a rise in the utilization of social media. For instance, an emerging population of physicians are using social media apps such as Snap Chat, Facebook, and YouTube to educate, display surgical, and medical procedures while being performed. In contrast, as there are positive aspects of utilizing social media, a negative trait of social media is invading and exposing individual’s privacy. As of recent, a New York licensed nurse had to surrender her nursing license and sentenced to 3 years of probation for “moral unfitness in the practice (Bowerman, 2016).” She took photos with her phone of two unconscious male patient’s genitalia and shared them with coworkers. This has become an increasing issue and as the utilization of social media in healthcare is increasing, many ethical issues are developing. For instance, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) was passed for the adoption of a national standard for electronic health care transactions and code sets, unique health identifiers,