HIPAA Compliance for Medical Practices
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HIPAA Compliance for Medical Practices
HIPAA Compliance and HIPAA Risk management Articles, Tips and Updates for Medical Practices and Physicians
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HIPAA Violation and Hospital Employee viewing PHI 

HIPAA Violation and Hospital Employee viewing PHI  | HIPAA Compliance for Medical Practices | Scoop.it

HIPAA Violation rocks hospital!  An employee at St. Charles Health system accessed over 2400 patients’ medical records over a two-year period because they were curious. We all know that curiosity killed the cat and now it may have direr consequences for this curiosity seeker and the hospital system. 

HIPAA Violation without intent to commit fraud

The employee who viewed the protected health information (PHI) without a legitimate reason to do so is in jeopardy of large civil fines, loss of their respective clinical license and criminal prosecution. Not to mention termination from their present position. The hospital system has to repair its damaged reputation while at the same time prepare to defend itself against potential civil/criminal lawsuits.  There are too many incidences were an organization is liable for HIPAA violations, even though they “didn’t do it”.

 

Now the local District Attorney has taken interest in this matter and is launching a criminal investigation. Under the HIPAA statute there is no individual right of action, however, the Attorney General of the state where the infraction took place may file charges on the individual(s) behalf.

 

The aforementioned employee signed an affidavit stating that the HIPAA violation they committed, and any of the information they accessed was not to commit fraud, however, that did not halt the criminal investigation.

Hospital employee viewing PHI

This real-life incident demonstrates how healthcare providers and their employees can face serious trouble for viewing records inappropriately. Just remember this incident when you want to be inquisitive about a patient that you are not treating or accessing a patient’s medical records for no business purpose.

 

When performing your job function, it is not a HIPAA violation if you release and/or access a patient’s PHI for treatment, payment or health operations (TPO). When accessing and/or releasing a patient’s PHI, ask yourself does this fall under the TPO exceptions? If it does, then you should just release the minimum information necessary to complete the task and if it does not, then you may need an authorization signed by the patient or his/her representative. In the event you are unsure if you can release and/or access a patient’s PHI, contact your supervisor or your organization’s Privacy Officer.

 

Finally, this violation reaffirms the need to conduct a HIPAA Risk Analyses, including monitoring the privacy/breach rule.  Use your policies and procedures for efficient and effective training, auditing and monitoring.

Technical Dr. Inc.'s insight:
Contact Details :

inquiry@technicaldr.com or 877-910-0004
www.technicaldr.com

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Dorothy R. Cook 's curator insight, July 2, 4:09 AM

There is a way to address certain issues using protocol. and proper procedures. Take yourcissue to the right people in the right way. 

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HIPAA Breach Notification Rule

HIPAA Breach Notification Rule | HIPAA Compliance for Medical Practices | Scoop.it

HIPAA Breach Notification Rules under the HITECH and GINA Act were issued on January 25, 2013, resulting in modifications to HIPAA Privacy, Security, and Enforcement. This is commonly known as the Omnibus Rule. The Omnibus Rule mandates covered entities (CEs) and business associates (BAs) provide the required HIPAA breach notifications following an impermissible use or disclosure of protected health information (PHI).

What is a HIPAA Breach?

A HIPAA breach notification may be required because of an impermissible use or disclosure under the Privacy Rule that compromises the security or privacy of the protected health information (PHI) of an individual.  An impermissible use or disclosure is presumed to be a breach unless the CE or BA demonstrates that there is a low probability that the protected health information has been compromised.

A risk assessment must include consideration of at least the following factors:

  • The extent and nature of the PHI involved (i.e. types of identifiers and likelihood of re-identification);
  • The unauthorized person who used the protected health information or to whom the disclosure was made;
  • If the PHI was viewed and/or acquired;
  • To what extent the risk to the PHI has been mitigated.

How Does a HIPAA Breach Notification Work?

(1) HIPAA Breach Notification Rule: Following a breach of unsecured PHI, CEs must notify affected individual(s) and the Secretary of Health and Human Services (HHS).”  In instances where the breach affects more than 500 residents of a State or jurisdiction, notice must be provided to prominent local media.  In addition, BAs must notify CEs that a breach has occurred.

Individual HIPAA breach notifications must occur without delay, but not later than 60 days from the date of the breach discovery.  A breach is considered to be “discovered” when at least one employee of the entity knows of the breach.  This does not include the person responsible for the breach.

(2) Covered Entities HIPAA Breach Notification: Covered entities are required to notify affected individuals following the discovery of a breach of unsecured PHI. The CE must provide the individual notice in written form by first-class mail.  Notices by email are permissible if the affected individual has agreed to receive notices electronically.

What about Business Associates?

(1) Business Associates HIPAA Breach Notification:  If a breach of unsecured PHI occurs by a business associate, the BA must notify the CE following the discovery of the breach.  A business associate must provide notice to the covered entity no later than 60 days from the day of discovery of the breach.  BAs are required to provide the identification of each individual affected by the breach.  The covered entity is responsible for ensuring the individuals are notified of a breach by a business associate even if the covered entity is charged with the responsibility of providing individual notices to the business associate.

(2) Out-of-date Information: If the CE or BA has insufficient or out-of-date information for more than 10individuals, the CE must provide a substitute individual notice by one of two methods.  It may post the notice on the home page of its website for at least 90 days.  Or it may provide the notice in major print or broadcast media where the affected individuals reside. This notice must include a toll-free number that remains active for at least 90 days.  If the CE or BA has insufficient or out-of-date information for less than 10 individuals, the covered entity may provide a substitute notice by an alternative form of written, telephone, or other means of notification.

HHS Wall of Shame

As required by section 13402(e)(4) of the HITECH Act, the Secretary posts a list of HIPAA breaches of unsecured protected health information affecting 500 or more individuals. These HIPAA breaches can range from a laptop theft to a hacking/IT incident.In 2015 there were over 113 million breaches of individual records reported, and the number of incidents related to “hacking” and “IT incidents” have doubled since 2014.   And this only includes breaches involving 500 or more individuals!

Most recently, St. Joseph Health (SJH) has agreed to settle potential violations of HIPAA Privacy and Security Rules following the report that files containing ePHI were publicly accessible through internet search engines from 2011 until 2012.  The public had unrestricted access to PDF files containing the ePHI of 31,800 individuals, including patient names, health statuses, diagnoses, and demographic information.  SJH will pay a settlement amount of $2,140,500 and adopt a comprehensive corrective action plan.  This plan requires the organization to conduct an enterprise-wide risk analysis, develop and implement a risk management plan, revise its policies and procedures, and train its staff accordingly.

The HIPAA Security Rule’s specific requirements to address environmental and operational changes are critical for the protection of patient information. Entities must not only conduct a comprehensive HIPAA risk analysis, but must also evaluate and address potential security risks when implementing enterprise changes impacting ePHI.

Technical Dr. Inc.'s insight:
Contact Details :

inquiry@technicaldr.com or 877-910-0004
www.technicaldr.com

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