Hipaa Law Protects Against Improper Disclosure of health data by health Care Providers

Law And Order Criminal Intent Cast 2009 - Hipaa Law Protects Against Improper Disclosure of health data by health Care Providers

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In June 2009, a 22-year-old Honolulu mom of three young children was sentenced to a year in prison for illegally accessing an additional one woman's medical records and posting on a MySpace page that she had Hiv.

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Law And Order Criminal Intent Cast 2009

The State of Hawaii brought charges against the woman under a state statute criminalizing the unauthorized passage to a computer; and which categorized the show the way of the defendant as a class B felony.

According to accounts of the incidents that led to the woman's conviction, there was a feud between the victim and the victim's sister-in-law, a friend of the defendant. The defendant, who worked as a inpatient service representative at the hospital where the victim was a patient, accessed the computer for the victim's sister-in-law.

Over the procedure of approximately ten months, the defendant accessed the patient's medical records three times straight through a computer. After she learned of the victim's medical condition, the defendant posted on her MySpace page that the victim had Hiv. In a second posting, she said the victim was dying of Aids.

The victim complained to hospital officials of the unauthorized access. After an internal investigation the hospital finished the defendant's employment.

The defendant's conduct, of course, was egregious and inexcusable. The one-year jail term handed down by the Court exceeded the term recommended by the prosecutor. Nevertheless, beyond the issue of keeping the defendant accountable for her actions some may query to what extent the hospital should bear accountability for the breaches of confidentiality that occurred.

Federal law imposes statutory burdens on condition care providers to safe against the improper use or disclosure of underground condition facts and to reasonably limit uses and disclosures to the minimum critical to perform their intended purpose.

Specifically, the condition assurance Portability and accountability Act of 1996's ("Hipaa") privacy regulations became productive on April 14, 2003. Hipaa is intended to safe consumers' condition information, allow consumers greater passage and operate to such information, improve condition care, and finally to create a national framework for condition privacy protection. Hipaa covers condition plans, condition care clearinghouses, and those condition care providers that show the way safe bet financial and executive transactions electronically.

In increasing to the privacy regulations, Hipaa's protection rules became productive on April 21, 2005. Together the privacy and protection regulations are the only national set of regulations that governs the use and disclosure of private, confidential and sensitive information.

Under Hipaa's protection Rule, the standards for the protection of electronic facts covered by Hipaa are divided into three groups: executive safeguards, physical safeguards and Technical safeguards.

A join of the most critical required safeguards under Hipaa are the executive "Sanction Policy" and "Security Awareness Training" safeguards.

The sanction procedure suitable requires a communication to all employees concerning the disciplinary activity that will be taken by the covered entity for violations of Hipaa. The sanction procedure should have a consideration of civil or criminal penalties for misuses or misappropriation of condition facts and make employees aware that violations may corollary in notification to law obligation officials and regulatory, accreditation, and licensure organizations.

The protection awareness training suitable requires all employees, agents, and contractors to partake in facts protection awareness training programs. Based on job responsibilities, the covered entity should require individuals to attend customized education programs that focus on issues concerning use of condition facts and responsibilities concerning confidentiality and security.

The Hipaa privacy and protection regulations require a privacy officer and protection officer to be designated by the covered entity. The privacy and protection officer should continually analyze and manage risk by fully assessing potential risks and vulnerabilities, and implementing linked protection measures.

The U.S. Group of Justice ("Doj") clarified the penalties that may be assessed and against whom for Hipaa violations. Covered entities and individuals whom "knowingly" gather or disclose individually identifiable condition facts in violation of Hipaa may be fined up to ,000, as well as imprisonment up to one year.

Offenses committed under false pretenses allow penalties to be increased--a 0,000 fine, with up to five years in prison. Finally, offenses committed with the intent to sell, transfer, or use individually identifiable condition facts for market advantage, personal gain or malicious harm permit fines of 0,000, and imprisonment for up to ten years.

Given the protection breach that led to the tragic events, along with the one-year jail term for the defendant, Hawaii employers, condition care providers and condition plans should relate their privacy and Hipaa policies and show the way an audit of their practices in order to safe against the improper use and disclosure of underground condition facts and to sacrifice the risk of privacy breaches in their own organization.

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