Kokomo dentist Joseph Beck broke HIPAA violations by exposing a patients used information in a dumpster, just outside of Indiana. He was sued and agreed to pay 12,000 dollars for violating the Health Insurance Portability and Accountability Act. More than 60 boxes of patients information were found by the Comfort Dental Clinic outside of Indiana. I believe that he should have paid the money. It is a violation to leave patients information lying around, because anyone could take that information and try Identity theft. It teaches Joseph Black more responsibility and shows him that the patients records and information should be handled with great care.
The Key points of this article is to show the consequences when violating HIPAA and to show how the Office of Civil Rights is taking action to try and secure the patient's information. The
…show more content…
Office of Civil Rights has been conducting training for the state attorneys general and their staff on how to enforce HIPAA privacy and security rules. I found it interesting that Mr. Black was charged 12,000 dollars for violating the patient's privacy. Although I think he should pay for the crime committed, I don’t believe he should be entitled to pay that much money. This is very vital to my role in health care. It shows me how the authorities are very serious about HIPAA and how if I leak out information to those not entitled to it, I could lose my job and pay thousands of dollars for my consequence. This article makes me think about my own information and how I would feel if someone were so careless with mine. It makes me become more cautious of what I’m telling others so when I start working in a nursing home, I won’t speak of Article Review 3 other patients diagnosis or information to anyone because I know, I wouldn’t want someone talking about my information either. This information will further improve my education career or health career because now I understand the great consequences of HIPAA, and I am less likely to violate them vs. someone who knows nothing about HIPAA. I can further educate others on the matter as well, so that the incident is less likely to happen, and so the nursing home or facility can further grow and prosper as a whole. For further study, I would like to know why Joseph was charged so much money to pay and how the court decided how much each person should pay for violating HIPAA.
On the industry, there are some negative results because now elders are not going to want to go to that facility knowing someone who worked there, was sharing other residents information. It makes the others feel unsafe, and they will not want to put their trust into that industry. Even Though there are some negative effects on the industry, there are some positive effects on the community. Like I mentioned earlier, the Office of Civil Rights is taking charge and enforcing training upon the state attorneys general. This allows there to hopefully less hipaa violations in the future. It helps the community grow by the facility becoming more trustworthy, so medical advancements can be made, and there will be more profit in the facility and more jobs.
In conclusion, the Kokomo HIPAA violation article stated how a dentist in Indiana violated the Health Insurance Portability and Accountability Act, by disposing of the residents information in the
Article Review
4 dumpster outside of the facility. He was fined 12,000 dollars for the shameful and uncautious action. The Office of Civil Rights is taking extra action be training the general of the state on Hipaa, so less violations occur. This article has further taught me that the Health Insurance Portability and Accountability Act is not a force to be reckoned with. If you violate HIPAA and give out information of residents, even by accident, there are costly fines and you probably will get fired. This article makes me more aware of how these situations are dealt with and it makes me more cautious when I speak about others, like not using their name and instead using he or she. The Kokomo HIPAA violation article has more advanced my understanding of the role in health care as a whole.
The knowledge about the HIPAA Privacy and Security rules; its coverage and benefits; its development and updates will help an individual to understand the law to effectively manage and protect his or her own personal health record. The advent of computer technology and the HIPAA terms that were associated with information system will be discussed. Some of the experiences with HIPAA will shared to give a better picture and understanding of the law.
The flip side of the signing a confidentiality document under HIPAA policy healthcare officials many times has been frustrated because bounds they can’t cross. Many times family or friends who aren’t authorizes obtains valuable medical information are coming all hours of the day to ask for critical medical reason, the nurses, physicians and others officials bid my law not to get out information on the telephone, or in personal if the individual or individuals name aren’t on the privacy document. Having a ...
According to the report provided by the consultant, the employees at this facility were not taking precautions in safeguarding the patient’s health information. Therefore, the employees at this facility were in violation of the Health Insurance Portability and Accountability Act (HIPPA). It is important for employees to understand the form of technology being used and the precautions they must take to safeguard patient information.
This case presents a very delicate situation that presents many legal and ethical questions. Do you tell your brother his partner has HIV? I would tell my brother, but the how and when, may vary based on circumstance. From a professional ethical standpoint, it would be unethical to disclose the patient’s HIV status without consent. It would violate the patient’s right to confidentiality, as it is the patient’s choice whom information may be shared with (Beemsterboer, 2010, p. 50). It could also be argued that it is a violation of the principle of nonmaleficence. By providing the patient’s HIV status to people unbound by HIPAA, you are putting the patient at risk of discrimination. This could cause mental anguish or psychological issues, therefore, in essence, inflicting harm on the patient. The most valued application of nonmaleficence is, “One ought to not inflict harm” (Beemsterboer, 2010, p. 42). This would outweigh the ethical argument that you are also preventing harm to your brother, another less important application of nonmaleficence (Beemsterboer, 2010, p. 42). There is one professional ethical principle that I would argue was being applied. This being the principle of paternalism, stating that healthcare providers should do what they deem best for the patient according to their ability and judgment (Beemsterboer, 2010, p. 47). If the patient had a sexual encounter with the brother, and did not inform him of her HIV status, she may be arrested for reckless endangerment according to Pennsylvania law. A case where an HIV-positive person did not disclose their status to their sexual partner was brought before the Pennsylvania Superior Court. According to Pennsylvania law, “Disclosure of HIV status is a defense ag...
My job is to also ensure that the patient is aware of our HIPAA policies and that we are dedicated to protecting their records from any hackers or someone calling on the phone hoping to get any information. Looking at it from a mom and a patient’s point of view, it makes me feel a little easier about entrusting mine and my child’s information with them. We must as people in the health care field respect our patients and their privacy, and the code of ethics holds us accountable for these things. Being a billing and coding specialist, we have to be sure to code exactly what the doctor did during the visit to the best of my ability. The code of ethics mean I am responsible for educating myself on new changes that may be coming with future coding manuals, because they do change often. Overall the code of ethics ensure that as long as the guidelines are followed we can do our jobs accurately and with the proper
Introduction The Health Insurance Portability and Accountability Act of 1996, or HIPAA, is a law designed “to improve portability and continuity of health insurance coverage in the group and individual markets, to combat waste, fraud, and abuse in health insurance and health care delivery, to promote the use of medical savings accounts, to improve access to long-term care services and coverage, to simplify the administration of health insurance, and for other purposes. ”1 HIPAA mandates that covered entities must employ technological means to ensure the privacy of sensitive information. This white paper intends to study the requirements put forth by HIPAA by examining what is technically necessary for them to be implemented, the technological feasibility of this, and what commercial, off-the-shelf systems are currently available to implement these requirements. HIPAA Overview On July 21, 1996, Bill Clinton signed HIPAA into law.
The Health Insurance Portability and Accountability Act, most commonly known by its initials HIPAA, was enacted by Congress then signed by President Bill Clinton on August 21, 1996. This act was put into place in order to regulate the privacy of patient health information, and as an effort to lower the cost of health care, shape the many pieces of our complicated healthcare system. This act also protects individuals from losing their health insurance if they lose their employment or choose to switch employers. . Before HIPAA there was no standard or consistency for the enforcement of the privacy for patients and the rules and regulations varied by state and organizations. HIPAA virtually affects everybody within the healthcare field including but not limited to patients, providers, payers and intermediaries. Although there are many parts of the HIPAA act, for the purposes of this paper we are going to focus on the two main sections and the four objectives of HIPAA, a which are to improve the portability (the capability of transferring from one employee to another) of health insurance, combat fraud, abuse, and waste in health insurance, to promote the expanded use of medical savings accounts, and to simplify the administration of health insurance.
HIPAA and fraud & abuse tie together in the way HIPAA protects the use the PHI in the billing and coding of claim form. No matter if the patient sells their information, HIPAA is there to help protect against fraud and abuse. One way HIPAA helps prevent fraud and abuse is in the case of preforming an audit. Although the government is the top payer in the US. Payers are the ones who do the audit of the offices. They make sure that what is on the claim matches what is on the patient’s record. This is how fraud and abuse can be stopped from continuing on.
Congress addressed growing public concern about privacy and security of personal health data, and in 1996 passed “The Health Insurance Portability and Accountability Act” (HIPAA). HIPAA sets the national standard for electronic transfers of health data. Before HIPAA, each state set their own standards. Now states must abide by the minimum standards set by HIPAA. States can enact laws to incorporate and/or strengthen the basic rights given by HIPAA.
In the case of Tomcik v. Ohio Dep’t of Rehabilitation & Correction, the main issue present was the medical negligence demonstrated by the staff of the medical clinic at the Ohio Department of Rehabilitation and Correction towards the inmate Tomcik. Specifically, nonfeasance, or the “failure to act, when there is a duty to act as a reasonably prudent person would in similar circumstances” (Pozgar, 2016, p. 192), was displayed when the employees at the medical clinic failed to give immediate medical attention to Tomcik when she continually signed the clinic list and “provided the reason she was requesting
U.S. Department of Health and Human Services, Office for Civil Rights (2003). Summary of the hipaa privacy rule Washington, DC: Retrieved from http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/privacysummary.pdf
...staff would not be required to put in the overtime to compensate for the lack of workers. Patients would no longer have to suffer the neglect of the staff because he or she was too busy. Making sure the patient gets the best quality care reduces the time spent for recovery. Reducing the time spent for recovery increases the organization’s finances. Providing a safe facility also reduces the expenses on the private hospital’s budget. Ensuring a patient is safe can reduce potential use of ongoing treatment and services. Hiring the appropriate nursing staff needed can save the organization money. Instead of cutting back on staff, more staff needs to be hired to fulfil the needs of the patient. In the economy today, private hospitals need to focus on the overall long term effects of each action opposed to quick reactions resulting in financial strain for the facility.
In today’s health care, there are laws set in place to protect the well-being and best interest of the patient. These laws range from tort laws, criminal laws, and contract laws. Although each of these laws are set in place to protect the patient to a certain degree of wrongdoing on the physicians and medical facilities part, they can be distinguished by which one affects health care professionals directly compared to indirectly. In this paper, I will discuss the Tort Law, the law that most directly influences Health Care Professionals.
The Health Insurance Portability and Accountability Act (HIPAA), Patient Safety and Quality Improvement Act (PSQIA), Confidential Information and Statistical Efficiency Act (CIPSEA), and the Freedom of Information Act all provide legal protection under many laws. It also involves ethical protection. The patient must be able to completely trust the healthcare provider by having confidence that their information is kept safe and not disclosed without their consent. Disclosing any information to the public could be humiliating for them. Patient information that is protected includes all medical and personal information related to their medical records, medical treatments, payment records, date of birth, gender, and
The sixth ethical issue arises when the client is denied access to his medical chart. Currently, HIPPA (2006) grants clients access to their medical records. An exception to this is if the information contained within the medical records is “reasonably likely” to cause harm to the client (HIPPA, 2006; APA, 2002). The records were unlikely to cause harm to the patient and, therefore, the client should have had access to them.