Lstt-polinema.com » Information http://www.lstt-polinema.com Law and Legal Expert Sat, 11 Feb 2012 21:02:24 +0000 en hourly 1 http://wordpress.org/?v=3.2.1 HIPAA law protects against inappropriate disclosure of information health care providers, health http://www.lstt-polinema.com/hipaa-law-protects-against-inappropriate-disclosure-of-information-health-care-providers-health/ http://www.lstt-polinema.com/hipaa-law-protects-against-inappropriate-disclosure-of-information-health-care-providers-health/#comments Wed, 08 Feb 2012 13:02:18 +0000 admin HIPAA law protects against improper disclosure of health care providers health information
Article Tags: Abin from Koy

In June 2009, a 22-year-old mother of three young Honolulu sentenced to one year in prison for illegal entry of another woman’s medical records and posting on MySpace that he has HIV.

Hawaii state court to a woman with a state law criminalizing unauthorized access to a certain type of computer, and which categories of defendants’ conduct as a Class B crime

As mentioned accounts. events that led to the punishment of women, there is a battle between victims and the victims sister, a friend of the defendant. The defendant, who worked as a patient services representative at the hospital, not the victim would be patient, sister-in laptop access. Victim

During the approximately ten months, the defendant access to the patient’s medical records, 3 by the computer. After the victim pulled out a medical condition, the defendant has posted on her MySpace page that the victim had HIV. In the second broadcast, said the victim was dying of AIDS.

victims complained to hospital officials unauthorized access. After an internal investigation to a medical facility, termination of the accused.

behavior of the defendant, of course, was unheard of and inexcusable. He spent one year in prison in the court exceeded the recommended word from the prosecutor. However, the question of the night holding the accused on top of some of their actions may be wondering how much health care facility should be liable for breach of confidentiality, what happened.

Law Tags: Federal law imposes burdens on health care providers to protect against inappropriate use or disclosure of non public health information in a reasonable way to limit the use and information to the minimum necessary to achieve their purpose.

Specifically, insurance portability and accountability act of 1996 (“HIPAA”) political order came into force on 14 April 2003. HIPAA is designed to protect consumer health information, to allow customers better access and control over such information, improve health, and ultimately to the creation of a national framework for health privacy. HIPAA covers health plans, health clearinghouses, and those health service providers that perform certain financial transactions and electronic government.

The rules of privacy, HIPAA security rules came into force on 21 April 2005. Together, security and privacy regulations will only national party rules governing the use and disclosure of private information, confidential and sensitive.

The HIPAA security rule standards to protect your electronic information that HIPAA is divided into three groups: .. Administrative safeguards, physical protection and technical protection

Some of the most important safeguards required by HIPAA will be administrative “sanctions policy” and “Safety Training” protection

The standard sanction policy to communicate with any or all employees for disciplinary action, to be taken in the jurisdiction of a violation of HIPAA. Sanction policy must have a notice of civil and criminal penalties for misuse or abuse of health information and to obtain conscientious employee violation may result in notification of police and regulatory, accreditation and licensing organizations.

Security awareness training standard requires that all employees, agents and contractors to participate in awareness programs for information security training. It is intended job responsibilities that person must require individuals to participate in educational programs designed to address issues associated with the use of health information and responsibilities regarding the confidentiality and security.

HIPAA privacy and security rules must have a Privacy Officer and Safety appointed by the scope of the subject. Privacy and security officer must continually analyze and manage risks by thoroughly assessing the potential risks and vulnerabilities and measures related to security.

U.S. Department of Justice (“DOJ”) explains the penalties which may be assessed and against which HIPAA violations. Subjects to be covered and people who “knowingly” obtain or disclose personally identifiable health information in violation of HIPAA can be fined up to $ 50,000, in addition to imprisonment up to 12 months.

crimes committed under false pretenses to gain support for sanctions – $ 100,000 fine, with a 5yrs jail. Finally, work conducted using the intention to deliver, transfer or use individually identifiable health information for commercial advantage, personal gain or malicious authorized $ 250,000 fine, damages, and imprisonment for 10 years.

Due to a security breach that led to the tragic events, such as one year imprisonment for the accused, Hawaii employers, health care providers and health plans should review their privacy policies and HIPAA and take control of their practices in order to enforce the improper use and disclosure of personal health information, and reduce the likelihood of invasion of privacy in their organization.

Amaguin Roman, Esq. Hawaii is a lawyer specializing in employment law, labor law and civil litigation. His philosophy is always to provide practical ways to work as complex and common, the employer / employee, and civil disputes. As a representative of Hawaii, Mr. Amaguin regularly appears before all federal and state courts in Hawaii, as well as state and federal administrative agencies like the U.S. EEOC and Hawaii Civil Rights Commission.



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