Question

The Situation

The confidentiality of patient information is protected by federal laws and regulations that are easily violated if a speaker is not intentionally aware of what they’re saying.   

1.Discuss the many ways that HIPAA laws can be violated.

2. Talk about how violations can be avoided.

3. Describe the penalties for HIPAA violations.

Answer 1

HIPAA: Health insurance portability and accountability Act of 1996 is legislation introduced to simplify the administration of health care, eliminate wastage, prevent healthcare fraud and ensure that employee could maintain health coverage between jobs.

HIPAA law can be violated by ways like:

1.Impermissibke disclosures of protected health information.

2.Unauthorised accessing of PHI( protected health information) .

3.Failure to manage risks to confidentiality, integrity, and availabiiitybof phi.

4 Failure to implement safeguards to ensure the confidentiality, integrity and availability of phi.

5.Failure to provide patients with copies of their PHI on request.

6.Failure to implement access controls to limit who can view PHI..

7.Failure to provide HIPAA training and security awareness training.

8.theft of patients records

9.Sharing of PHI online or via social media without permission

10.Mishandling oand mismailing PHI.

11.Failure to enter into HIPAA compliant business associate agreement with vendors prior to giving access to PHI.

12.Failure to terminate access rights to PHI when no longer required.

The methods to avoid violations:

1.Be cautious with routine conversation, don't disclose information.

2.Not to discuss about patient information in public area.

3.Dont put the patient records in public areas.

4.Dispose the patient information properly by burning or shredding or incineration etc.

5.Not to disclose PHI without permission.

6.Dont post patient photos on social media.

Penalties of HIPAA violations:

Civil penalty:

1.Unknowing penalty: $ 100-50000/ violation with an annual maximum of $ 25000 for repeat violations.

2.Reasoable cause penalty: $ 1000-50000/violation with annual maximum of $100000.

3.Willful neglect but violation corrected within required time period: $ 10000-50000/ violation with annual maximum of $ 250000.

4.Willful neglect and is not corrected within required time period: $ 50000 / violation with annual macmximuk of $ 1.5 million.

Criminal penalties:

Tier 1:Reasonable cause or no knowledge of violation: upto 1 year n jail.

Tier 2:Obtainjng PHI under false pretenses: upto 5 years in jail

Tier 3: Obtaining PHI for personal gain oelr with malicious intent: upto 10 years in jail.