...Name: Sunil Kumar Buttagandla Student Id: 10000126442 Course name: CMP 630 Network Security Audit & Forensics Professor Name: Dr. Nigel Basta Title: Week1- Assignment2 In the table below, identify compliance laws that are applicable to a large public health care organization. In the second column, include a description of each law. In the third column, justify your rationale for including the law by indicating why it applies to a large public health care organization Answer: Compliance Law | Description of the Compliance Law | Rationale for Including this Law | Title1 Health Care Access, Portability, and Renewability | offers protection of health insurance coverage without regard to pre-existing conditions | offers protection of health insurance coverage without regard to pre-existing conditions | Title II Preventing Health Care Fraud and Abuse,Administrative Simplification; | provides requirements for the privacy and security of health information | | Privacy Rule | •Provide information to patients about their privacy rights and how the information can be used.•Adopt clear privacy procedures.•Train employees on privacy procedures.•Designate someone to be responsible for overseeing that privacy procedures are adopted and followed. | It regulates the use and disclosure of PHI by covered entities. A covered entity, for example, includes health care providers, health plans, and health care clearinghouses | Security Rule | IT contains three broad safeguards...
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...Physicians get the blame most the time something goes wrong with the office. Whether it be employees or just a patient having a concern or issue. Should the physician be held responsible for all the actions of the medical personnel and office staff? It’s all based on opinion but, mine is a mix of yes and no. I feel that between the HIPAA law, fraud and abuse, and negligence it could be a mixture of responsibilities. There are many concerns pertaining to the HIPAA law. HIPAA is short for “The Health Insurance Portability Act”. The HIPAA law was put in place federally for the patient’s privacy and confidentiality. An issue related from the behavior of staff would be, for example, so and so knew so and so personally and the patient found out...
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...The Step’s Within the HIPAA Laws Page 1 The Step’s Within the HIPAA Laws Shannon Michael HCS/230 10/20/2014 Ann Maleta The Step’s Within the HIPAA Laws Page 2 Introduction The Health Insurance Portability and Accountability Act of 1996, which is known as HIPAA. The Federal legislation created this national standard to help protect the privacy of patients’ and there medical information. It was put in place to ensure greater accountability and to simplify the administrative function with the health care industry. Its purpose is to provider better healthcare continuity for the patients. There are several steps to the Privacy Rule and Compliance I will share a few with you. There must be Someone in Charge With the Privacy Rule someone needs to be assigned the responsibility to implement the rule. This person’s job is to get all the other steps in a line to implement the guild line that is done. For a small practice the doctor or office manager can take care of this duty. It the long run it will start out as a full-time job for a few weeks only and part-time job thereafter. The Duties of the Privacy Officer The privacy officer in place has a lot of things to do and to keep in place. First of all they have to track all of the steps that it takes to comply with the HIPAA Rule. This would be things like keeping files locked up in the file whether it is the cabinets or the door to the room locked. This keeps the records out of reach to others...
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...Portability and Accountability Act of 1996 (HIPAA) was a landmark Act through its eliminating much of the protection that previously existed with respect to patient information held by a treating clinician. The Privacy Rule, a component of HIPAA, allows the treating clinician to disclose otherwise protected health information without any authorization or permission by the patient, in 12 specific instances: to employers who request information concerning a work-related illness or injury; under a wide variety of local statutes, regulations and court orders; to governmental authorities where victims of abuse, neglect or domestic violence are involved; in response to a law enforcement official’s request for information about a victim or suspected victim of a crime; or when a clinician believes that protected health information is evidence of a crime that occurred on its premises. That is but a small sampling of the wide range of disclosures that are permitted under HIPAA, again with absolutely no permission required from the patient. Can you imagine? Under HIPAA, if a clinician feels that a patient might have given a controlled substance to another patient while on the premises, thereby committing a crime, the clinician could comfortably turn both patients in to law enforcement officials. Similarly, an eager new law enforcement agent suspecting such behavior among your methadone program patients could request your records and under HIPAA fully expect that you would deliver these...
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...intention of doing good although some harm may come. The principles of justice, to protect her sister from a possible life threating disease. As a registered nurse we are bound by both legal and ethical obligations that we must contend with before we react to a situation. Laws are commands, the consequences for not obeying the law is a loss of a license to practice nursing. And ethics are the systematic study of morality with no room for opinions or gut reactions (Laureate...
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...What were advances in information technology that resulted in ethical issues with the creation of HIPAA and CIPA What were the advances in information technology that resulted in new ethical issues necessitating the creation of each act? HIPPA, Health Insurance Portability and Accountability, was passed by Congress in 1996. According to Cornerstone On Demand, 2012 “HIPAA regulates the interchange of private patient data to help prevent unlawful disclosure or release of their medical information.” Consequently Congress recognized that advancement in technology could subsequently release health information that should remain confidential to the patients. In turn, Congress assimilated two additional laws to strengthen HIPAA; HITECH and ACA. With advancement in technology, HIPAA forced physicians to consider more cautiously how confidential information may be transmitted to others. Basically HIPAA enforced a patients privacy right as well established a sense of security for patient data. Children’s Internet Protection Act, CIPA was passed by Congress in 2003. According to Wikipedia, 3/12 “CIPA requires K-12 schools as well as libraries use internet filters and implement other measures to protect children from harmful or obscene content CIPA enforces certain requirements on schools and/or libraries that receive discounts for internet access or internal connections.” Unfortunately with the advancement in technology, children at a younger age understand the use of a computer...
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...How does HIPAA serve to protect patient rightsI HIPPA is there to protect the rights of patients that need help or service, so that their information is not shared with anyone else but whom they give consent, or agree to let someone else know their history or information. HIPPA protects the client’s rights so therefore, their information is not public and it is against the law for their information to be shared or put in public. What areas of the JSBMHA did HIPAA compliance impact? It affected the client’s rights that their personal information would not be shared with anyone. In addition, the patient confidentiality act was misused in this situation. What actions should the JSBMHA director take about the HIPAA violation? Explain your answers in detail. I think the director should have a meeting with both Jim and Betty. The director should information them that the clients grandmother was sitting at the table next to them and heard what they were saying. The director should inform them of the HIPPA law and of the company’s polices. They should not be talking in a public place that anyone could over hear them and that was against the law. If Betty needed help about this case, she should have taken the proper steps in getting others involved that could know information bout the client and in the proper setting. I feel the director needs to make them know this was wrong, and they should be punished for their actions. I feel they should be suspended and have to take the necessary...
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...of laws that legalize and affect nursing practice is needed for two reasons: first to ensure that nurses’ decisions and actionsLegal aspect of Nursing Nursing practice is ruled by many legal concepts. It is important for nurses to know the legal aspect of Nursing; because nurses are accountable for their professional judgments and actions. Accountability is a crucial concept of professional nursing practice and the Knowledge of laws that legalize and affect nursing practice is needed for two reasons: first to ensure that nurses’ decisions and actions are consistent with legal principles and second to protect nurses from legal responsibility. What are the functions of law in nursing? The law serves a number of functions in nursing: it helps structure nursing actions in the care of clients are legal. It helps establish the boundaries of independent nursing action. It assists in maintaining a standard of nursing practice by making nurses accountable under the law. There are three sources of laws that affecting nurses: Federal Regulation, Criminal and Civil law and State law. Federal Regulations have a great impact on nursing practice for example The Health insurance portability and accountability Act (HIPAA), The Americans with disabilities Act (ADA), The Patient Self-Determination Act (PSDA). Criminal and Civil law example: malpractice/negligence, defamation, assault battery, false imprisonment. State law, the foundational part of nursing practice is regulated by state law. Each...
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...HCR 210 Legal Terms 04/28/2014 1. Administrative Law: the subordinate branch of constitutional law which deals with the body of rules governing the exercise of executive functions by public authorities. 2. Breach of Confidentiality: the failure to hold quiet all information that is confident. 3. Contempt of Court: consists of the offense of being disobedient to or disrespectful of a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. 4. Court Order: an order that has been written by the judge of the courts which must be obeyed to avoid consequences. 5. Coroner: an officer whose principal duty is to hold an inquisition, with the assistance of a jury, over the body of any person who may have come to a violent death. 6. Deposition: statements made under oath by witnesses in a judicial proceeding. The testimony of a witness taken in writing, under oath or affirmation before a judicial officer interrogates or asks questions. 7. Emancipated Minor: the act by which one who was under the control or power of another is set free. 8. HIPAA Standards for Privacy of Individually Identifiable Health Information: protection for patients from medical decisions done by third parties. It regulates patient identity theft and insurance fraud cases. 9. Impeach: to bring charges of misconduct in office against a public official. 10. Medical Examiner:...
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...The Role and Function of Law According to Melvin (2011), law is a body of rules of action or conduct prescribed by controlling authority, and legal binding force. Law also provides a mechanism to resolve disputes and allows parties to enforce order and judgment in a court of law. The most important functions of the law are to protect, install order, fairness, and it also identifies and punishes violators. The United States, a democratic nation, realizes the significance of law enforcement in the daily activities of citizens and businesses within its borders. Enforcing these laws are paramount as well as levying penalties to individuals who break them. This exercise produces fairness, and enhances orderliness. In the absence of law enforcement there would be chaos, and confusion. The law can be divided into several categories for effective enforcement. These laws include: Constitutional law, Common law, Statutory law, and Administrative law, just to name a few. The Constitutional law exists both on a federal and state level; it sets the premise for other laws in the nation. The Constitutional law is the supreme law of the land, among other things, the Constitution protects United States citizens from wrongful government actions (Melvin, 2011). For example the Fourth Amendment protects individuals against unreasonable searches and confiscations of properties. The common law, this law is made by the legislature, and the courts based on fundamentals of previous cases with...
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...University of Phoenix Administrative Ethics Paper Administrative ethical issues occur in health care today such as patient privacy, confidentiality or HIPAA. It is best to resolve this type of issue because patient privacy in health care is very important. These policies are designed to protect the rights of patients by making sure personal information of the patient is not disclosed in any way. Protecting a patient’s privacy by way of disclosing personal information and is not to be released without personal formal consent. Also, of employees discussing patient information on the job to people with no knowledge of the patient or even off the job. Many health care organizations enforce privacy policies such as HIPAA and confidentiality although all employees do not abide by such policies. It is being found that more frequently that people from these health care organizations are breaking these policies and their must be changes to provide patients with protection. Administrative ethical issues of the HIPAA Policy within health care organizations must make necessary changes to appropriately protect the rights of patients. The issue at hand is that of health care organizations properly protecting the rights of their patients. The article that will be discussed in this paper is that of OCR issues proposed Modifications to HIPAA Privacy and Security settings (Frank Irving, 2004). The population that is affected by it most has been impacted by such ethical issues brought upon by...
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...Privacy HRM/546 Human Resource Law Latisha Clark February 9, 2016 Mr. Phillip Quintana In the Midwest part of the state a name Computers by Design (CBD) a small computer system business. The owners of the business have noticed a continuous rise in health care insurance. After doing research, the owners have decided to hire employees that are less likely to make claims, healthy, fit and non-addicted (UPOX, 2016). Abigail along with the other owners have created a two- step program for employees that will include pre-employment screening and a program to assist them a worker to stop smoking and non-prescription drugs (UPOX, 2016). This paper will discuss the legal issues involved with pre-employment screenings. It will also cover the topics of unions, collective bargaining, and Employee Retirement Income Security Act. According to Bennett-Alexander & Hartman, the 14th Amendment states that employees are protected legally from unreasonable searches and seizures (Bennett-Alexander & Hartman, 2007). The owners of CBD need to check the state laws to understand the privacy laws that protect employees and clarify pre-employment screenings before completing a business plan. Computer by Design need to review the Americans with Disabilities Act concerning health information specifics decisions are governed but are restricted by Health Insurance Portability and Accountability Act (HIPAA, 2009). Employers cannot use the under the HIPPA law use protected health information...
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...care fraud with personal information of more than 1,100 Naples patients isn’t likely to bring a hammer of civil fines against the hospital by the federal government, which has yet to sanction a hospital or other health care entity for patient privacy breaches. But the former hospital employee at Cleveland Clinic in Weston and her Naples cousin, who was her alleged co-conspirator, will be the first in South Florida to be prosecuted for violating the federal law protecting patients’ privacy rights and the third such case nationally, according to the U.S. Attorney’s Office in Miami. In the middle are the Naples victims who, ironically, have little legal recourse because the federal law, the Health Insurance Portability and Accountability Act, known as HIPAA, does not provide individuals with the right to pursue legal action when there’s been a breach of their personal health information, according to several privacy rights and HIPAA attorneys. Their only option would be to bring suit under Florida privacy rights laws, but success hinges on proving actual damages from theft of their personal information. Fernando Ferrer Jr., 29, of Naples, registered as an owner of Advanced Medical Claims Inc. in Naples, and his cousin, Isis Machado, 22, of Miami Lakes, were arrested and released on bond Sept. 8 on charges they stole information from the Naples patients for fraudulent purposes. Machado worked at Cleveland Clinic in Weston from May 23, 2005, to June 26, 2006, during...
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...Sunshine State Medical Billing Service Legal Issues in Business BUSI 561-D05 LUO 12/16/2011 This paper explores the legal challenges faced when forming and operating the Sunshine State Medical Billing Service. The legal issues surrounding the business will be analyzed using a business law perspective, as well as a Christian worldview. This legal business plan was prepared by Karri-Marie Baskin, Suzanne Ludikhuize, Renada Manning, Susan Schaeffer, and Dixie Wallace. Executive Summary Sunshine State Medical Billing Service’s physical location is in Tampa, Florida. Because the billing company utilizes the internet, it is able to provide services to many doctor’s offices across the United States. Sunshine State Medical Billing Service selected the Tampa site for several reasons: Low corporate and unemployment taxes, no individual income tax, large hiring base and new business incentive programs. http://www.tampaedc.com/site-selection/business-incentive.aspx; http://money.usnew.com/money/business-economy/small-business/articles/2009/01/06 Sunshine State Medical Billing Service offers the best streamlined billing service via the latest technology in the nation. Our clients are licensed doctors, who choose to use an outside billing company to act as their agent to bill and collect fees due them for services rendered. While there is a growing trend of medical billing services being offered as a home business, our clients can be assured that all of our employees are...
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...When a health care worker violates laws, such as the HIPAA privacy rule, they may be liable for criminal penalties. Violating HIPAA regulations can result in criminal penalties such as fines of up to $250,000 or imprisonment for up to ten years depending on severity of the wrongful conduct. (U.S. Department of Health & Human Services, 2015) An example of criminal charges that were levied as a result of health care law violations is evident in the case of Dr. Huping Zhou of UCLA School of Medicine, who faced incarceration for unauthorized access of patient medical records. In 2003, Dr. Zhou Huping plead guilty to charges in connection with accessing patient medical records that he did not have authorization to view. Consequently, Dr. Zhou was sentenced to four months of prison time for the HIPPA patient privacy violation. (The Federal Bureau of Investigation, 2010) Another example of a HIPPA breach which resulted in criminal penalties can be ascertained from a news story regarding a nurse in Arkansas who was prosecuted for sharing...
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