Question

HIPAA Violations and Enforcement Website hosted by the AMA. Failure to comply with HIPAA can result in civil and criminal penalties (42 USC S 1320d-5). Civil Penalties The "American Recovery and Reinvestment Act of 2009"(ARRA) that was signed into law on February 17, 2009, established a tiered civil penalty structure for HIPAA violations (see below). The Secretary of the Department of Health and Human Services (HHS) still has discretion in determining the amount of the penalty based on the nature and extent of the violation and the nature and extent of the harm resulting from the violation. The Secretary is still prohibited from imposing civil penalties (except in cases of willful neglect) if the violation is corrected within 30 days (this time period may be extended)

Answer 1

HIPPA is Healthcare Insurance Portability and Accountability Act. It is an Act which was signed by Bill Clinton to scrutinize and allow only the necessary Healthcare information details to the hospitals and insurance company which includes prevention of theft or fraud and prompt about the insurance coverage eligibility to the patient. This system mainly deals with protection of Patient information, protection from from breach in system which can lead to information disclosure more than required and protection of Patient from the eligible insurance.

1. According to this Act, patient protection confidentiality is the duty of HIPPA compliance officer which is mainly divided into two roles of HIPPA security officer and HIPPA privacy officer.

HIPPA privacy officer has the duty to oversee the protocol for protection of Patient Healthcare information, investigate and report if any breach found in privacy of information and ensure Justice to the patient accordingly to the governmental laws.

HIPPA security officer has the duty to plan and implement for policies and protocols, conduct risk assessment, develop a plan for disaster recovery for breach in patient information, conduct training and oversee if the protocols are being followed.

Additions to the Chart

1. HIPPA violation due to non availability of HIPPA compliance officer or designated post in an organisation for overseeing the process, procedure and protocols for HIPPA compliance at the administrative level as well as physical and technical support to maintain this compliance.

The main reason for non availability of this post must be the overlooked administration who doesn't realize the gravity of the HIPPA rules and it's violation implications on individual patient. If such a fine is being levied upon, it'll become a protocol to be considered as a compulsory post for the institution to be HIPPA compliant.