Medical Facility Violations

. HIPAA privacy rules are complicated and extensive, and set forth guidelines to be followed by health care providers and other covered entities such as insurance carriers and by consumers. HIPAA is very specific in its requirements regarding the release of information, but is not as specific when it comes to the manner in which training and policies are developed and delivered within the health care industry. This paper will discuss how HIPAA affects a patient's access to their medical records, how and under what circumstances personal health information can be released to other entities for purposes

Disclosing confidential patient information without patient consent can happen in the health care field quite often and is the basis for many cases brought against health care facilities. There are many ways confidential information gets into the wrong hands and this paper explores some of those ways and how that can be prevented.

In the health care business, there are certain standards and laws that have been put in place to protect our patients and their personal health information. When a health care facility fails to protect their patient’s confidential information, the US Government may get involved and facilities may be forced to pay huge sums of money in fines, and risk damaging their reputation.

The article, Keep Privacy in Health Records, was written by the Monitor's Editorial Board on February 2, 2009. It condemns some of the provisions of a House Bill that was passed by the ACLU and other privacy groups. According to this bill, data encryption would ensure that authorized persons are barred from accessing patient’s health records in the institution. Audit trails are also crucial in determining and tracking who accessed the records, at what time and what type of information did he/she get. Lastly, the patients should be allowed to see their records to improve their notification and strengthen enforcement in health institutions. However, despite these initiatives to improve accountability and confidentiality of patient’s records in most institutions, the board believes that the bill has not solved some of the privacy issues as far as patient health records are concerned.

Quality patient care requires the communication of relevant information between health professionals and/or health systems. Healthcare professionals who regularly work with patients and their confidential medical records should contribute to the development of standards, policies, and laws that protect patient privacy and the confidentiality of health records/information.

“The Health Insurance Portability and Accountability Act (HIPAA) of 1996 made it illegal to gain access to personal medical information for any reasons other than health care delivery, operations, and reimbursements” (Shi &ump; Singh, 2008, p. 166). “HIPAA legislation mandated strict controls on the transfer of personally identifiable health data between two entities, provisions for disclosure of protected information, and criminal penalties for violation” (Clayton 2001). “HIPAA also has privacy requirements that govern disclosure of patient protected health information (PHI) placed in the medical record by physicians, nurses, and other health care providers” (Buck, 2011). Always remember conversations about a patient’s health care or

Huping Zhou, a former cardiothoracic surgeon from China, whom recently moved to Los Angeles and became employed at UCLA School of Medicine as a researcher, was sentenced to federal prison for HIPAA violations. This made him the first person in the United States to receive a prison sentence for HIPAA violations. His employer informed Zhoe that they were starting the process of terminating his employment .Zhou accessed the medical records of his former colleagues that night. During the following three weeks he accessed the records of celebrities, and high-profile patients 323 times. He claimed that he was unaware that it was illegal to view these records. No evidence was found that Zhou misused the information he obtained, nor did he sell the information. He received a four month jail sentence and a 2,000 dollar fine (Dimick, 2010).

Even though hipaa violations are an important standard in preventing many individuals from causing several breaches of information from getting out, it is important to work on a strategies within several health care organizations that will work with the privacy rules regarding violation laws. “Jill Granger & Laura Cataldo (2013) reports When working in the healthcare setting, it is important to consult with the guidelines established by one's institution and to participate in any training programs to insure that the appropriate steps are being taken to maintain privacy. There are also a variety of additional resources available from the federal government and professional organizations to assist in the training process that may be especially

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.

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.

This research paper is being submitted on March 3th, 2013, for Milo Sampson’s M230/HSC2641 Section 04 - Medical Law and Ethics class.

The underlying was involving a nurse which take a case involves a nurse employed by Guthrie Clinic Steuben in Corning, New York. When the nurse learned of a patient's sexually transmitted disease, she sent 6 text messages to the patient's girlfriend, who was the nurse's sister-in-law, about the patient's condition. The patient -- identified in court documents as "John Doe" who see about the text messages, called the clinic to complain, and then sued the clinic, despite the clinic having terminated the nurse’s employment. Among other things, the patient claimed that the clinic and several related entities had breached their responsibility under the law to keep his health information confidential. The HIPPA violation

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).

The confidentiality of patient visits and medical records are essential in providing the highest quality of health care. Under penalty of law, a patient's medical records or any other information regarding the patient may only be released with his or her authorization. Exceptions to this are certain cases specified by law for example, health care providers are required to report certain communicable diseases such as measles. Many organizations and laws have been developed to maintain patient's rights of confidentiality and access to their medical record. Guided by the principle that confidentiality is essential in developing strong trust between patients and healthcare providers, the

Other concerns are conversations within the hospital cafeterias/lobbies about patients and their families, and employees sharing information throughout the hallways without a “need to know.” Once employees discover their colleagues looking at patient information without a “need to know basis,” and, other wrong doings according to the agency’s standards, their own sense of what is right and wrong instantly comes into question. Reporting the unethical behavior, the employee who had discovered the violations of patient rights is presented with a number of difficult choices. The legal basis for imposing liability for a breach of confidentiality is more extensive than ethical guidelines, which dictate the morally right thing to do.