Stolen Health Information Case Study
Sarah Kipp
HIM113- Law & Ethics in Health Information
Instructor Michelle Landis
November 29, 2012
Introduction A patient’s right to privacy is one of the most important and protected elements of healthcare today. Patient health information is protected by the Health Insurance Portability and Accountability Act (HIPAA) and even more so by the HIPAA Privacy Rule. “The HIPAA Privacy Rule is a key federal law governing the privacy and confidentiality of patient information.” (Brodnik, Rinehart-Thompson, Reynolds. 2012 pg. 215.) The law governing patient privacy has two goals, “to provide an individual with greater rights with
…show more content…
Providence Home Services violated this Security Rule in almost every way possible. The employee, while it may have been part of procedure, took ePHI from the facility and left it unattended in his car. There is no way possible that it is part of their security protocols to leave ePHI unattended. Administratively, the covered entity is responsible for ensuring that their employees are fully aware of their security protocols and that they follow them. While some physical safeguards were in place, in the form of password-protected information, not all information was password protected. This employee was in clear violation of the HIPAA Security Rule’s required components and paid the ultimate price, his job.
Summary
The importance of protecting patient’s health information is not something that can be taken lightly. As employees in the healthcare field, we are given the responsibility of protecting patient information. HIPAA has given us rules and procedures to follow that make protecting this highly classified and vital information easy, if those rules and procedures are followed to the letter. When an employee does not follow the procedures that have been given to them, they are in clear violation of these rules and should be punished.
Security Mechanisms Security mechanisms play a key role in keeping a patient’s health information safe.
The Health Insurance Portability and Accountability Act (HIPAA) was passed by congress in 1996, and helps to ensure the privacy and security of Electronic Health Records (EHR's). By following the rules and regulations set forth under HIPAA, we can ensure the safety of patients' EHR's. We are responsible for protecting patients' records, and there are many measures we can take in order do this. Firstly, we must always keep patients' health information private. This means no discussing the records with people that are not authorized to know, and even then, we should only disclose the minimum necessary amount of information possible. For covered entities, we must designate a privacy and security officer to ensure the privacy
HIPAA (Health Insurance Portability and Accountability Act) has many key components in the operations of daily clinical and administrative services. In a physician's practice they must maintain physical security of all health care information. For example, patient files are no longer able to be sitting out unless they are in a closed and locked area and sign in sheets should only ask for minimal information. Accessibility to individual identifiable health information is restricted and should be used on a "need to know basis". Billing employees should not have access to the clinical notes and they do not need to know a patient's financial information. An employee may disclose only the "minimum information necessary". These regulations require
US Congress created the Hipaa bill in 1996 because of public concern of how their private information was being used. It is the Health Insurance Portability and Accountability Act, which Congress created to protect confidentiality, privacy and security of patient information. It was also for health care documents to be passed electronically. Hipaa is a privacy rule, which gives patients control over their health information. Patients have to give permission any healthcare provider can disclose any information placed in the individual’s medical records. It helps limit protected health information (PHI) to minimize the chance of inappropriate disclosure. It establishes national-level standards that healthcare providers must comply with and strictly investigates compliance related issues while holding violators to civil or criminal penalties if they violate the privacy of a person’s PHI. Hipaa also has boundaries for using and disclosing health records by covered entities; a healthcare provider, health plan, and healthcare clearinghouse. It also supports the cause of disclosing PHI without a person’s consent for individual healthcare needs, public benefit and national interests. The portability part of Hipaa guarantees patients health insurance to employees after losing a job, making sure health insurance providers can’t discriminate against people because of health status or pre-existing condition, and keeps their files safe while being sent electronically. The Privacy
All monitoring procedures and violations rules for the facility are in accordance with the Health Insurance Portability and Accountability Act (HIPPA). In addition, all monitoring procedures and violations rules for the facility ensure the safe and secure use, dissemination and storage of electronic health information.
HIPAA (Health Insurance and Portability Act of 1996), outlines rules, regulations and the rights of patients to access their healthcare information such as notifications of privacy practices, copying and viewing medical records, and amendments. This paper explains why confidentiality is important today and discusses recourses patients can use if they believe their privacy has been violated. This paper will also discuss criminal and civil penalties’ that can occur for breaking HIPAA privacy rules.
HIPAA, (Health Insurance and Portability Act of 1996) outlines rules and regulations and the rights of patients to access their healthcare information such as, notifications of privacy practices, copying and viewing medical records, and amendments. This paper explains why confidentiality is important today and discusses recourses patients can use if they believe their privacy has been violated. This paper will also discuss criminal and civil penalties’ that can occur for breaking HIPAA privacy rules.
Data Protection Act: Patient information has to be kept private. Health care professionals and their affiltes must not allow unauthorised access to sensitive patient information. The Health information portability and accountability act of 1996, also known as HIPAA, contains a clause designed to protect patient privacy. The rules ensure that health care professionals take prudent steps to protect the confidentiality of communications with individual patients. Patients can also request that health care professionals correct may inaccurate person health information in their records.
The hospital accounting department will also be off limits except only for those personnel that are authorized. Extra vigilance must be place on all medical record rooms, since the hospital still has paper medical records. All medical staff will receive training so that they understand the importance of HIPAA. This policy will guarantee that we have controls in place in regards to accessing patient information and staff access is monitored.
The HIPAA Security Standards for the Protection of Electronic Protected Health Information (the security rule) “establishes national standards to protect individuals’ electronic personal health information that is created, received, used, or maintained by a covered entity” (U.S. Department of Health and Human Services, n.d.). The security rule requires that specific standards be established and implemented into three categories; compliance in one category may overlap into another:
HIPAA, (Health Insurance and Portability Act of 1996) outlines rules and regulations and the rights of patients to access their healthcare information such as notifications of privacy practices, copying and viewing medical records, and amendments. This paper explains why confidentiality is important today and discusses recourses patients can use if they believe their privacy has been violated. This paper will also discuss criminal and civil penalties’ that can occur for breaking HIPAA privacy rules.
Patient privacy has been a major concern for patients and medical staff for many years. Patient privacy goes hand in hand with HIPPA and the privacy rule. This protects the privacy of any person of all health information (U.S. Department of Health and Human Services, 2010). Even with this a concern for many, a study conducted by Zogby Internation studies more than 2000 adults to obtain their views on patient privacy. This studied determined that individuals would rather have individual choice and control over personal health information instead of others (Patient Privacy Rights, 2010).
The Department of Health and Human Services, HHS, issued the Privacy Rule to HIPAA to address the disclosure and use of a person’s health information. A branch within HHS called the Office of Civil Rights, OCR, is responsible for enforcing and implementing the privacy rule. The Privacy Rule’s main goal is to assure health information is properly protected, while allowing information to be provided and give out high quality health care. This rule is designed to be comprehensive and flexible in order to cover uses and
Many healthcare professionals and organizations have not been following the regulations set forth by HIPAA. Whenever violations of HIPAA’s privacy or security laws occur the organizations responsible must be held accountable resulting in a fine or penalty. Penalties provide incentive for organizations to guarantee patient privacy and security. Recently, certain people have failed to follow through with the laws and restrictions and were forced to accept the penalty. This paper will provide three real examples of such HIPAA violations as well as solutions or ways each violation could have been prevented.
Health care members are required to guarantee that the privacy of the patient’s health information does not get out without the patient’s permission. Healthcare workers can use the patient information for treatment or payment cleared by HIPAA. The worker must get permission from the patient before they
Privacy and confidentiality are basic rights in our society. Safeguarding those rights, with respect to an individual’s personal health information, is our ethical and legal obligation as health care providers. Doing so in today’s health care environment is increasingly challenging (OJIN, 2005).