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

Law And Order Criminal Intent Cancelled - 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 someone else woman's curative records and posting on a MySpace page that she had Hiv.

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Law And Order Criminal Intent Cancelled

The State of Hawaii brought charges against the woman under a state statute criminalizing the unauthorized entrance 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 in the middle of the victim and the victim's sister-in-law, a friend of the defendant. The defendant, who worked as a patient assistance representative at the hospital where the victim was a patient, accessed the computer for the victim's sister-in-law.

Over the procedure of almost ten months, the defendant accessed the patient's curative records three times straight through a computer. After she learned of the victim's curative 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 terminated 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 holding the defendant accountable for her actions some may inquire to what extent the hospital should bear responsibility for the breaches of confidentiality that occurred.

Federal law imposes statutory burdens on health care providers to protect against the improper use or disclosure of secret health information and to reasonably limit uses and disclosures to the minimum needful to perform their intended purpose.

Specifically, the health insurance Portability and responsibility Act of 1996's ("Hipaa") privacy regulations became productive on April 14, 2003. Hipaa is intended to protect consumers' health information, allow consumers greater entrance and operate to such information, improve health care, and finally to originate a national framework for health privacy protection. Hipaa covers health plans, health care clearinghouses, and those health care providers that show the way certain financial and executive transactions electronically.

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

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

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

The sanction procedure thorough requires a transportation to all employees about the disciplinary action that will be taken by the covered entity for violations of Hipaa. The sanction procedure should have a notice of civil or criminal penalties for misuses or misappropriation of health information and make employees aware that violations may effect in proclamation to law enforcement officials and regulatory, accreditation, and licensure organizations.

The security awareness training thorough requires all employees, agents, and contractors to share in information security awareness training programs. Based on job responsibilities, the covered entity should want individuals to attend customized study programs that focus on issues about use of health information and responsibilities about confidentiality and security.

The Hipaa privacy and security regulations want a privacy officer and security officer to be designated by the covered entity. The privacy and security officer should continually analyze and conduct risk by fully assessing potential risks and vulnerabilities, and implementing connected security measures.

The U.S. Department of Justice ("Doj") clarified the penalties that may be assessed and against whom for Hipaa violations. Covered entities and individuals whom "knowingly" collect or disclose individually identifiable health information 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 health information for commercial advantage, personal gain or malicious harm permit fines of 0,000, and imprisonment for up to ten years.

Given the security breach that led to the tragic events, together with the one-year jail term for the defendant, Hawaii employers, health care providers and health plans should report their privacy and Hipaa policies and show the way an audit of their practices in order to protect against the improper use and disclosure of secret health information and to sell out the risk of privacy breaches in their own organization.

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