Pros And Cons Of HIPAA

Great Essays
Introduction: HIPAA stands for Health Insurance Portability and Accountability Act. HIPAA acts as a frame work in exchange and disclosure of the individual health information. The Health Insurance Portability and Accountability Act (HIPAA) privacy rule was enacted on August 14 2002 .The rule applies to the health care providers, health care clearinghouses and other medical facilities. The Rule requires appropriate safeguards to protect the privacy of personal health information and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization.
HIPAA required the secretary of HHS to brief the congress with the recommendations to protect the confidentiality of the health care information.
…show more content…
The HIPPA privacy rule also protects the individual health information known as the “protected health information” (PHI) from being disclosed. The PHI relates to all the medical history records of the patient on files, their personal information’s such as name, birth date, social security number, financial account information, phone numbers, e-mails, insurance number, x-rays or images, medical history, and other personal information.
Privacy rule protects the PHI of an individual from being transmitted written, oral, or electronically. HIPAA 's privacy rule generally applies to a deceased person 's health information to the same extent as to a living person 's information. If HIPAA would require a person 's authorization for the release of the person 's protected health information and the person is deceased, the covered entity must generally obtain the authorization of the deceased person 's personal representative before releasing the information (45 C.F.R. § 164.502).

De-Identified Health
…show more content…
Under 42 USC $ 132d-5, failure to comply with HIPAA can results in civil and criminal penalties. The privacy rule allow individual to file a complaint, describes the responsibilities of covered entities to provide records and reports, and permit access for investigation.
Civil Money Penalties:
Failure to comply with Privacy rule by the covered entities results into $100 per failure as a penalty. Penalty may not exceed $ 25,000 per year for multiple violations of the privacy rule. When violation is due to some cause and did not involve will full neglect and if the violation is corrected within 30 days, then there is no civil money penalties.
Criminal Penalties: A person who purposely obtains or disclosed PHI, a fine of $ 50,000 and up to one-year imprisonment is imposed. The penalty may increase up to $ 1000,000 and five-year imprisonment if there is wrongful conduct and to $ 250,000 and ten-year imprisonment if intent to sell, transfer, or commercial advantage of PHI, personal gain is involved. The justice department enforces criminal sanctions.

Policy

Related Documents

  • Improved Essays

    HIPAA: Covered Entities

    • 168 Words
    • 1 Pages

    HIPAA was created in 1996 in order for Covered Entities (Health plan, health care clearing houses and health care provider) to protect and secure a person’s private health information (PHI). Its main focus is to eradicate worker discrimination due pre-existing conditions. Nonetheless, HIPAA concentrated on the implementation of a distributed electronic system to improve administrative transactions among covered entities. However, early stages of HIPAA provisions left many gaps opened. As an example: HIPPA did not specify how information should be protected; what methods, rules or standard needed to be enforced.…

    • 168 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Why was this law enacted? HIPAA was enacted to establish regulations and criteria on how patient information should be used and how data should be protected and stored. This document also gives patients the right to say how they want their information used, and who the information can be released to. Written consent must be obtained from the patient in order to disseminate any information.…

    • 614 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    HIPAA Security Rules

    • 356 Words
    • 2 Pages

    HIPAA Privacy and Security Rules benefit and support the integrity of the healthcare industry, patient, and physician by setting a standard on how the healthcare industry protects patient information when the files are stored and transferred electronically. This is the Security Rule. This rule sets technical and non-technical safeguards called “covered entities”. ("Summary of the HIPAA Security Rule | HHS.gov," n.d.) when the office stays within the standards and complies with the regulations then the integrity of maintaining privacy stays intact.…

    • 356 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    1. Describe the term HIPAA. Health Insurance Portability and Accountability Act which is simply known as HIPPA was put into play in 1996 for health care fields and facilities. This act allows patients personal healthcare information to be protected from being used or shared with anyone unless the patient writes a hand consent saying otherwise. Each patient’s healthcare information is kept in medical records, billing records, and health insurance computer systems.…

    • 210 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    HIPAA Summary

    • 935 Words
    • 4 Pages

    The Health Insurance Portability and Accountability Act (HIPAA) passed in 1996 to help set a national standard to protect certain patient health information (Gartee, 2011). The major goal of HIPAA is to ensure a patient’s Health Information (PHI) is utilized by the correct individuals at the correct time to perform a certain job. In addition, HIPPA sets the standards by which PHI can be shared with covered entities and family; plus allowing the patient to receive notice on how their PHI will be utilized. In addition, HIPPA is a complete and comprehensive guide to protect the public’s health and well being while striking a balance that permits important uses of PHI to share information (“Summary” n.d.). The Health Insurance Portability and Accountability act includes three categories of security safeguards and how covered entities will communicate PHI.…

    • 935 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    HIPAA Violations

    • 355 Words
    • 2 Pages

    HIPAA Violations A breach of protected health information (PHI) is an example of a HIPAA regulation violation. A breach is defined by the Health Information and Management System Society (HiMSS), as “the acquisition, access, use, or…

    • 355 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    HIPAA-Health Insurance Portability and Accountability Act of 1996 was designed to protect a patient by specifying detailed instructions on how to handle the client’s information and keeping it private. Congress adopted the federal law with specifics on letting the client know how their privacy will be protected by clearly stating how it will be used and kept, the client must receive informed consent, and the process of transferring their records. So exactly what is the law supposed to do? Who does it protect and to what extent is this protection in place?…

    • 749 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Healthcare is an important organization that is a private sector which is an essential part to preventing one’s personal files from social access of being exposed. In the recent 2000’s, the HIPAA law has been developed and created in order to prevent legally any health organizations from leaking or giving out any information to persons or individuals without a patient’s consent. All healthcare organizations are legally obligated to have all patients to fill out a HIPAA form and store it in their charts. One can prove that their information was violated based on if their spouse or employer was given information regarding their records without consent. A formal consent or document should be filled out stated that their spouse or employer is not…

    • 222 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    ACA Ethical Issues

    • 984 Words
    • 4 Pages

    The Affordable Care Act (ACA) extends on requirements in HIPAA that promote organizational simplification. These new specifications introduce new operating precepts for the HIPAA-named criteria, a standard for electronic funds transfer, and a national health plan identifier. The result is an article the goes into more detail about the continuing efforts in ACA to provide administrative simplification. In fact, in the year 2013 he U.S Department of Health & Human Services (HHS) recently adopted new rules that make modifications to existing privacy, safety and breach notification provisions in what is frequently pointed to as the final "HIPAA Omnibus Rule." These new rules originate from modifications made under the Health Information Technology for Economic and Clinical Health (HITECH)…

    • 984 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Why HIPAA Was Created

    • 946 Words
    • 4 Pages

    Primitively known as the Kennedy-Kassebaum Bill, the Health Insurance Portability and Accountability Act is a set of regulations that became law in 1996: enacted by the United State Congress and signed into law by President Bill Clinton. “HIPAA is a set of health care regulations with a two-pronged purpose: help patients’ health insurance move with them, and streamline the transfer of medical records from one health care institution to another; create standard for managing medical records to protect and enforce patients’ right to have their medical records and personal health information (PHI) kept private” (Lauren Hilinski, 2017). In his article titled “HIPAA’s History and Violations: Why HIPAA Was Created”, Lauren highlights the rationale…

    • 946 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Briana, I agree that continued education about the consequences of HIPAA violations would be very beneficial in helping the hospital prevent future occurrences of it. Staff members need to be made of aware of the HIPAA regulations and hospital policies and what the consequences are for violating them on a continual routine basis. I agree that if this was done it would help the HIPPA regulations be more easily retained and aid in the adherence to them. I also think that routine audit trails would help to ensure less unauthorized access into patients' medical records. It's sad to think that these types of protection and deterrents are needed to ensure medical privacy today, but it is good to know that they have them available and are continuing…

    • 141 Words
    • 1 Pages
    Decent Essays
  • Superior Essays

    HIPAA Code Of Privacy

    • 1119 Words
    • 5 Pages

    The HIPAA Act which stands for Health Insurance Portability and Accountability Act and acted in 1996. HIPAA laws created a new national standard in protecting people’s health information. Whenever some body visits nowadays the hospital has a little page that you sign letting them know that you acknowledge that the physician office has notify you about their compliance with the Health Insurance Portability and Accountability laws. The Health Insurance Portability and Accountability laws were put into place in protect people from things like identity thief, being denied health care, and or health insurance coverage.…

    • 1119 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Accountability And HIPAA

    • 468 Words
    • 2 Pages

    The Health Insurance Portability and Accountability Act (HIPPA) of 1996 has helped to revolutionize this country’s use of Patient Health Information (PHI) in many ways, but at the same time it has hindered the American health care system in implementing a national Health Information Exchange (HIE). Consequently, without a national HIE the problem of having a system that allows for continuous quality improvement in the quality of health care received by a patient and still protecting the right to privacy still exists. Additionally, the culture of America views the PHI as being needed to be protecting to the point that it hinders providers from giving good quality care, thus leading the patient to receive double the testing wasting the time…

    • 468 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Any health care provider, health organizations, or government health plans that use, store, maintain, or transmit patient information must comply with the federal law. HIPAA also protects employees from having their information released by their employer. Along with protecting the privacy of participants the law was also established to cut down on fraudulent activity and improve data systems. Information obtained from your records can not be…

    • 1145 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    HIPAA mandates certain privacy and security protections to encourage the realization of administrative efficiencies through healthcare information technologies (Withrow, 2010). The HIPAA Privacy has been controversial but Health and Human Services (HHS) has continued to clarify the complicated privacy rule through the…

    • 945 Words
    • 4 Pages
    Superior Essays