Question

Confidentiality Assignment Last name Read the scenario and then type responses to the questions directly below each question You leave your computer to go to lunch. As you step away from the computer, your coworker Jeremy, another radiologic technologist, gets on the same computer. Upon returning from lunch, you notice that you did not properly log off the system, and someone accessed a patient's chart through your log-in ID. This particular patient's chart was not your patient and you have no reason to access this chart. You notice the patient is a young female, age 24 years. Later that day, in the break room, you overhear a conversation between two staff members who observed Jeremy being "very friendly with a young female patient this morning," and commenting that Jeremy has carrying on personal conversations with female patients, even when they are not assigned to him. You begin to suspect Jeremy may have accessed this patient's chart for personal reasons. I.Cite specific HIPAA provisions that may have been violated. (2 points) 2. If there is a HIPAA violation, are you liable? Is Jeremy? Why or why not? (3 points) 3. What should you do now? (3 points) 4. Does this violate the ethical guidelines for your profession? Provide an online source supporting your answer. (2 points) Use at least 2 online sources to justify your responses. Make sure you provide complete website addresses, including the 'http:ll (such as http://www.aapc.com/certification/index.aspx) of each source. (5 points)

Answer 1

(1) HIPAA stands for Health Insurance Portability and Accountability Act of 1996. This was brought in to picture because it was believed that the advances in electronic technology could reduce the privacy of the health information. There are several provisions under HIPAA but there were 2 major Rules violated as per the situation above.

• The first rule which was broken was the PRIVACY rule when Jeremy tried to access the patient's chart even though the patient was not assigned to him. Accessing the patient's information for personal use violates the Privacy rule
• The second rule which was broken was the SECURITY rule when Jeremy accessed my computer to access some patient's chart without my permission. Ideally, I should have locked the computer properly which would have prevented Jeremy to use the computer

(2) HIPAA Rules should ideally be strictly complied. In case of violation, there can be civil money penalties involved including the criminal charges and jail time based on the level of negligence and the intention to violate. In this case, Jeremy is definitely liable for the violation since he broke both the Privacy and the Security rules. Accessing the personal information of the patient for personal use is a violation of privacy and confidentiality. Even I will be liable since i was negligent in securing the computer and the data when i am not using. The liability increases in case i don't report the incident which has happened. If I don't report it I become an accomplice in the crime and can result in huge penalties and jail time.

(3) When I find that the HIPAA rule has been violated, the first step is to lodge a complaint about the violation to the HHS Office for Civil Rights. The complaint can be lodged in writing or via the OCR website. In case, I opt to fill it in writing , i should keep the copy to provide to my legal representative.

(4) It does violate the ethical guidelines of the profession given that it's not ethical to access the patient's chart for personal gain.