In the case of our 65 year old patient she has been place in a rehabilitation center due to a fall in her home that resulted in her having a hip replacement. The housing representative of the complex inquired whether or not this patient would be returning to her home. The medical assistant violated this patient’s confidentiality by disclosing the therapeutic, and COPD information without written authorization. The release of a patient’s information is often released for three reasons insurance claims, transfers to another physician, and also when used in a court of law out of the these the insurance claims, transfers to another physician needs to have prior authorization and only in a court of law the written consent is waived. (Judson & Harrison, 2013) …show more content…
One of the eight key points of Patient’s Bill of Rights is Confidentiality and (privacy) of health information so she also have violated the right of the patient. (cms.gov) With reference to insurance calling and about patients information, the Administrative Simplification standards adopted by Health and Human Services (HHS) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) inquiring they are covered entity which means that they are held and agreement of the same standard required by HIPAA. (Judson & Harrison, 2013) And must comply with the HIPAA privacy rule. In general, health insurance companies can view your records just for the purpose of determining if you are eligible for health care services and or processing a
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
On that same day, the patient’s wife stated that her neighbor phoned the hospital to get information on her husband and information was given out. It is clear that the nurse who gave out information regarding the patient was in violation of 3.1, privacy and 3.2, confidentiality of provision 3 of the ANA Code of Ethics. It is the nurse’s duty to maintain all confidentiality and privacy of all patient information. (Nursing World, 2012) Information regarding a patient should only be given out to those who are dealing with the direct care of the patient. It is important for nurses to be aware of those who are not involved with the care of the patient.
When confidential patient information is disclosed without consent it is a violation of the HIPAA Title II Security Rule. This rule was enacted in response to private information being leaked to the news and emails containing privileged information were read by unauthorized people. Identity theft is a real concern so patient privacy should be taken seriously. This is a rule can easily be broken without the
The Health Insurance Portability and Accountability Act (HIPAA) is a set of national standards created for the protection of health information; it is also known as a “Privacy Rule”. This rule was employed in 1996 by the US Department of Health and Human Services (DHHS) to address the use and disclosure of an individual’s health information as well as the standards for the individual’s privacy rights to understand and control the manner in which their information is used.
“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
Health Insurance Portability and Accountability Act, also known as HIPAA, became an act in 1996 by the United States. The act specifies guidelines for the protection and circulation of individually healthcare information. It establishes regulated procedures for electronic data interchange, security, and confidentiality of all healthcare-related data. It is designed to protect individuals from an improper distribution of medical information. The act states what can and cannot be shared without permission and what individual medical records can be accessed by the individual. The act specifies possibilities for reparation and penalties for those who violate the act. HIPAA lessens uncertainty as to what is and what is not a privilege when obtaining individual information. The HIPAA privacy rule applies to all written, oral, or electronic patient information. The security rule covers electronic security and requirements for those receiving protected information. This also helps prevent breaches of information. When individual patients want to access their own medical records and insert corrections if needed, they rely on HIPAA for the right to do so. They are reassured that any of their information will only be shared with those who have a justifiable need to see it or have been given consent by the patient (Magee, n.d.). I believe HIPAA will continue
A covered entity is an organization that must follow the HIPAA provisions. Covered entities are any private or public sectors that have providers that conduct transactions in electronic form, health plans, and health care clearinghouse (HHS.gov). Covered entities are required to provide the patient with written explanation of how the entity may use and disclose their health information. An individual has the right to object the authorization at any time. A covered entity must make reasonable efforts to use, disclose, and request only the
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.
and patients. Also, it will give recommendations on how to improve the implementation of this
Previously, healthcare information has been protected by state law. However, since this information crosses state lines, the need for federal protection has been warranted. In 1996, Congress passed the Health Insurance Portability and Accountability Act (HIPAA). HIPAA provides the first federal protection for the privacy of medical records (Burke & Weill, 2005) HIPPA encourages the use of electronic medical record and the sharing of medical records between healthcare providers, because it can aid in saving lives. HIPAA requires that patients have some knowledge of the use of their medical records and must be notified in writing of their providers' privacy policy. HIPAA has technical
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.
The practice violates Health Information Portability and Accountability Act (HIPAA) privacy rule and the recent update to the HIPAA privacy rule or the HIPAA Omnibus Final Rule. The Health Information Portability and Accountability Act (HIPAA), a federal statute governing the protection of patient information, was enacted into law in 1996. The essential objective of the law is to make it easier for people, business to keep health insurance, protect the confidentiality and security of healthcare information and help the healthcare industry control administrative costs. The Privacy Rule addresses appropriate disclosure of PHI while the Security Rule addresses electronic disclosures.
According to HHs.gov (n.d.), “the HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically”.
HIPAA stands for Health Insurance Portability and Accountability Act. “The Health Insurance Portability and Accountability Act is a US law designed to provide privacy standards to protect patients’ medical records and other health information provided to health plans, doctors, hospitals, and other health care providers” (MedicineNet). The HIPAA Privacy Rule applies to health insurance plans, providers, clearinghouses, and associates of HIPAA covered entities. Information that is protected by HIPAA are all identifiable personal health information. This includes paper records, electronic health records, labs, films, and even verbally spoken information.
Like all of the administrative rules, the security rule applies to health plans, health care clearing houses, and to any health care provider who transmits health information in electronic form in connection with a transaction for which the Secretary of HHS has adopted standards under HIPAA. Health plans include health, dental, vision, and prescription drug insurers, health maintenance organizations, Medicare, Medicaid and Medicare supplement insurers, and long-term care insurers. Health plans also include employer-sponsored group health plans, government and church-sponsored health plans, and multi-employer health plans. Every health care provider, regardless of size, who electronically transmits health information in connection with certain transactions, is a covered entity. Using electronic technology, such as email, does not mean a health care provider is a covered entity; the transmission must be in connection with a standard transaction. The Privacy Rule covers a health care provider whether it electronically transmits these transactions directly or uses a billing service or other third party to do so on its behalf. Health care providers include all providers of services and providers of medical or health services as defined by Medicare, and any other person or organization that furnishes, bills, or is paid for health care.