Essay Example on Law Ethics for Managers

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Law Ethics for Managers Introduction HIPAA Health Insurance Portability and Accountability Act of 1996 is United States legislation that provides data privacy and security provisions for safeguarding medical information Rouse 2017 Former President Bill Clinton sign this Act into Law August 21 1996 HIPAA is an excellent Act to enforce and obeyed by especially while working in healthcare Prior to medical records being available electronically HIPAA violations cases were mild to moderate A HIPAA violation can be anything that falls under the category of the release of patient information to a third party or without approved permission This topic was selected because I am currently employed as health care professional and HIPAA compliance is extremely important in my everyday job description Working in health care for over five year I have witness a few HIPAA violations first hand This is a very important and realistic topic for me Literature Review The first literature review selected is HIPAA Violations on Social Media THINK Before You Post This is an excellent topic to discuss as it relates to HIPAA compliance and violations This article shades light on how over the years social media has been used as a networking marketing and place to express personal and professional experiences Although social media has been an affected method for these factor previous discussed these factors have also cause several HIPAA violation incidents According to the article many health care facilities have implemented strict guidelines on the dos and don'ts of social media and company information HIPAA violation via social media are on a rise Often many individuals are not aware that consequences do follow the violation of HIPAA It is always suggested to visit the American Medical Association s HIPAA Violation and Enforcement website for more detailed information on fines and penalties However in most cases Penalties are 100 per violation up to a 25 000 maximum per year for repeat offenders 50 000 per violation 1 5 million dollar maximum Certain offenses can result in up to 5 10 years in prison if the information obtained is found to be used for personal gain or commercial profit

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Also discussed in the article are common misconceptions of what a violation of HIPPA really is Often if names date of birth or medical information is not release individuals are left to believe a HIPAA violation has not occurred Unfortunately that is incorrect Even a snippet of information sharing an event that occurred related to a patient is a violation of HIPAA Lastly the article provided some practices to follow with use of social media Always review company or school policies regarding social media policy and think before you post it are two of the most useful practices I gathered from the recommendations The next literature review selected is Blue Cross to Pay 1 5M for HIPAA violation Blue Cross Blue Shield of Tennessee has agreed to pay 1 5 million to settle a potential violation of HIPAA According to the article 57 unencrypted computer hard drives were stolen from a leased facility in Tennessee This breach included over one million patients

The information breached included names social security numbers date or birth etc Although this was an unintentional HIPAA violation it is still indeed a violation Rather intentional or unintentional penalties do still follow A situation such as this one is preventable if proper safeguards were put into place to protect this information This settlement will send a clear message of the important of the protection of patient information Laws and Regulations The HIPAA violation penalty structure is divided into four categories Each category carries a separate HIPAA penalty Regarding HIPAA criminal penalties these violations are divided into three separate tiers Tier 3 being the maximum can result in jail time being 10 years Tier 1 being the minimal can result in 1 year jail time Cases The case I selected for this assignment is STATE of Kansas Appellee v Terri L YENZER Appellant In this case Yenzer s believe her dental office was in violation of rights under HIPAA Yenzer s information on her appointment date and time was release to a police officer by an employee of Yenzer s dental office without her knowledge The district court denied Yenzer s motion to suppress after concluding Yenzer s HIPAA rights were not violated by either disclosure This case relates to my topic selected because this could be a direct violate of a patient right under HIPAA I do not agree with the ruling for this case This situation does qualify as a violation of HIPAA Information regarding a patient's appointment date and time was release without proper approval Reference Blue Cross to pay 1 5M for HIPAA violations 2012 Healthcare Risk Management 5 58 Bouldrick D 2015 HIPAA Violations on Social Media THINK Before You Post AMT Events 32 1 24 27 FindLaw s Court of Appeals of Kansas case and opinions n d Retrieved January 03 2018 from http caselaw findlaw com ks court of appeals 1090796 html


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