Premium Essay

Hipaa

In:

Submitted By jzee69
Words 1649
Pages 7
HIPAA Ruling in Tennessee Court
Failure to adhere to regulatory compliance can impact a litigation process, which in the case of Stevens vs, Hickman Community Hospital was prominent when the Tennessee Court of Appeals dismissed the case based on failure to comply with Tennessee’s Medical Malpractice Act and the Health Insurance Portability and Accountability Act of 1996. This paper will include an IRAC Brief that will explain the case in detail followed by a brief explanation of governmental principles of regulatory compliance requirements, a brief explanation of methods for managing the legal risks that arise from regulatory compliance issues, and how this case can be applied within a business managerial setting.
IRAC Brief
Christine Stevens a Tennessee woman filed a malpractice lawsuit against Hickman Community Hospital, the emergency room services and physicians who cared for her husband Mark Stevens, which subsequently resulted in his demise. The case however is being challenged as a result of failing to comply with regulatory requirements set forth in the Tennessee Medical Malpractice Act and the Health Insurance Portability and Accountability Act of 1996. Case
In accordance with the Tennessee Medical Malpractice Act, on April 11, 2011, counsel for Mrs. Christine Stevens the spouse of Steven Stevens, formally notified Hickman Community Hospital and Dr. Whitaker of the impending malpractice allegations in their care and treatment of Mark Stevens (FindLaw, 2013). The formal notice was also accompanied by a medical record release form allowing Mrs. Stevens legal counsel to obtain Mark Stevens medical records, however, the medical record request for was non complaint with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), form failed to denote key information

Similar Documents

Free Essay

Hipaa

...want to talk to you all of you about HIPAA. HIPAA stands for Health Insurance Portability and Accountability Act of 1996. It was enacted by the United States Congress on August 21, 1996 and was signed by President Bill Clinton. With this being said, this is enacted by the federal government and not the state government. HIPAA protects health insurance coverage for workers and their families when they change or lose jobs. That was Title I of HIPAA and there is Title II as well. Title II of HIPAA requires the establishment of national standards for electronic health care transactions. With all this valuable information about HIPAA, everyone should understand that HIPAA has a mission to keep their employees and patients protected. Whether it involves health insurance coverage or medical records, HIPAA will always come into play and protect everyone. Health care providers, health care clearinghouse, and health plans are entities that must comply with HIPAA. There are consequences if an employee of an organization doesn’t comply with HIPAA. It can vary depending on the organization but one consequence could be loss of employment. With HIPAA being part of the federal government, employees who don’t abide to the laws and regulations of HIPAA could mean prison time as well. The regulations of HIPAA dramatically affects on how health care organizations manage employees, patients, and resources. The privacy rule under Title II of HIPAA is the foundation of protection when...

Words: 425 - Pages: 2

Premium Essay

Hipaa

...Administrative Ethics- HIPAA HCS/335- Health Care Ethics and Social Responsibility Ruth Bundy September 26, 2011 The Health Insurance Portability and Accountability Act, or HIPAA was introduced to the House of Representative in 1996. HIPAA was a huge piece of legislation that was intended to fix many aspects of health care and health insurance, and includes sections that ensure portability of health insurance, simplify the administration of health insurance coverage, and standardize electronic transactions between health care providers and insurance companies. This is also the law that sets up Medical Savings Accounts and requires insurers to cover patients with pre-existing conditions. The section of HIPAA that concerns dentistry is the Privacy Rule; it addresses patient privacy issues and regulates how private health information is used and disclosed. This private health information includes the personal medical records and any other individually identifiable health information, either written or oral that is created or received by a health care provider. This includes information about the patient's past, present, or future health or physical condition and any payment information. In this paper I will describe the issues and impacts on the population it affects most: what argument or facts are used in the article to support the proposed solution. Explain the legal and ethic issues reported for the administrative issue, the managerial responsibilities related to administrative...

Words: 1190 - Pages: 5

Premium Essay

Hipaa

...Patient Confidentiality and HIPAA HCIS/ 245 May 2, 2014 Patient Confidentiality and HIPAA HIPAA is the abbreviation for the federal Health Insurance Portability and Accountability Act of 1996. The goal of the law set in place by HIPAA is to allow people to maintain health insurance, provide protection of health care information through confidentiality and security, and to help control administrative cost in the health industry [ (John J. Dreyzehner) ]. There are many different title sections to HIPAA. These sections are Title I- Health Insurance Reform, Title II- HIPAA Administrative Simplification, Title III- HIPAA Tax Related Health Provisions, Title IV- Application and Enforcement of Group Health Plan Requirements, and Title V- Revenue Offsets [ (HIPPA Title Information, 2013) ]. National standards have been established by the HIPAA Privacy Rule, it protects patient medical records and health information (The Privacy Rule). These standards apply to health plans, health care clearinghouses, and providers that use electronic information systems to conduct health care transactions (The Privacy Rule). Appropriate safeguards are demanded by the Privacy Rule. These safeguards protect the privacy of health information that may be personal, and it sets limits and conditions on the use and disclosures of information without the consent of the patient (The Privacy Rule). Patients also have rights over their health information provided under the Privacy Rule. Patients...

Words: 414 - Pages: 2

Premium Essay

Hipaa

...HIPAA COW Risk Analysis & Risk Management Toolkit Networking Group Guide for the HIPAA COW Risk Analysis & Risk Management Toolkit Disclaimers This Guide and the HIPAA COW Risk Analysis & Risk Management Toolkit (Toolkit) documents are Copyright by the HIPAA Collaborative of Wisconsin (“HIPAA COW”). They may be freely redistributed in their entirety provided that this copyright notice is not removed. When information from this document is used, HIPAA COW shall be referenced as a resource. They may not be sold for profit or used in commercial documents without the written permission of the copyright holder. This Guide and the Toolkit documents are provided “as is” without any express or implied warranty. This Guide and the Toolkit documents are for educational purposes only and do not constitute legal advice. If you require legal advice, you should consult with an attorney. Unless otherwise noted, HIPAA COW has not addressed all state pre-emption issues related to this Guide and the Toolkit documents. Therefore, these documents may need to be modified in order to comply with Wisconsin/State law. The Toolkit provides an example HIPAA Security Risk Assessment and documents to support completing a Risk Analysis and Risk Mitigation Implementation Plan. While it covers a broad spectrum of the requirements under the HIPAA Security Rule and HITECH, it may not cover all measures needed to secure your patients’ electronic protected health information (ePHI). It...

Words: 3778 - Pages: 16

Premium Essay

Hipaa

...Effective working knowledge of the Health Insurance Portability and Accountability Act (HIPAA) A shadow chart (not part of the legal medical record) is a copy of original health record retained apart from the primary custodial area used primary by health care providers in their office or clinic setting.   Independent databases are often created by researchers and may not include the same content as the original health record.   In case of a late entry (addendum) in one, shadow chart or independent database, that is used to add information to a previous entry must have the title addendum, date, time, the reasons of creating the addendum referring back to the original entry (Legal Medical Records Standards). Information technology staff can help decrease incidents of security breaches by implementing screen protectors in all computers, by providing logging accreditation to all personnel, by using network security software and hardware, by monitoring the safety of the network and by educating, reporting and enforcing any HIPAA violation. In case of disclosure of unauthorized protected medical information such as providing a copy of medical records to a friend of a patient without written authorization from the patient may result in fines and imprisonment to the institution and individuals involved in such HIPAA violation. HIPAA defines as criminal the use or disclosure (by individuals or institutions) of confidential medical information of a patient for any other purposes...

Words: 672 - Pages: 3

Premium Essay

Hipaa

...Accountability Act (HIPAA), is a law within health care or human service organizations that prohibits group health plans and other organizations from discriminating against people because of factors relating to their health. These factors include but are not limited to: physical or mental conditions, medical history, past claims, prior health care received, and information pertaining to a person's genetics. The objective of the HIPAA regulation in 1996 was to protect a person's right regarding the release of personal information to unlicensed individuals. When this law went into effect, there were compliance deadlines that were set for all businesses that would be affected by the HIPAA law; the deadline was October of 2002. Some entities were allowed to file for a one-year extension of the deadline. Most organizations and businesses were given between 12 and 18 months to modify their operations and implement the changes as advised by experts. Many organizations didn't start implementing the HIPAA rule until after the 2005 Security Standards compliance date. Congress set harsh consequences for those individuals and organizations that were not expedient to adopting transmission standards and safeguarding medical information. One penalty for noncompliance with HIPAA standards for simple compliance breaches was $100 a person per violation; which could be maxed out at $25,000 per year per person. For any individual or organization that knowingly “misused” or “breached” the HIPAA standards...

Words: 337 - Pages: 2

Premium Essay

Hipaa

...HIPAA, or the Health Insurance Portability and Accountability Act, helps people who are between jobs maintain access to good healthcare. The act also helps keep health information private and confidential while handling personal information with confidence. HIPAA was introduced in the late 1990s and during the early 2000s it was fully implemented. The act ensures a person does not have to pay high fees to maintain their care if they needed to change insurance carriers upon leaving employment. Before the act was implemented, a person who left their job may go through difficult measures in getting health insurance that included paying exorbitant fees. If you left your place of employment and no longer had health coverage, another insurance company would assume you had a pre-existing condition upon applying for insurance. This aspect allowed insurance companies to charge more for premiums but this option made it difficult for many to get insurance because they simply could not afford to pay such high fees. If you had a pre-existing condition, such as diabetes, the new insurance company may decide not to pay for needed medications, but the patient was still required to pay their premium each month anyway. HIPAA was designed to help people take their insurance coverage with them, especially if they had a pre-existing condition. Some people were forced to stop care for their condition before HIPAA was made law. It makes insurance portable so you can maintain it if you choose so...

Words: 397 - Pages: 2

Premium Essay

Hipaa

...Health Insurance Portability and Accountability Act “HIPAA” Cheryl Pierce Murray State University HCA405 November 19, 2014 When you walk into a doctor’s office or other medical facility, you have the assumption and expectation that things discussed between you and your healthcare provider will remain confidential. You might even sign papers that contain information about how you wish for your information to be disclosed. What you might not know is that this is a result of a large and broad federal law that hasn’t always been present. In the past, patients were unable to have a clear understanding of what can and cannot be discussed after consultation with medical professionals. This led to withholding important information, which could hinder their treatment and recovery. Medical records were not always kept confidential prior to HIPAA being enacted and enforced, and with the rules now in place, patients now have an understanding that their health information will remain private. American society places a high value on individual rights, personal choice, and a private sphere protected from intrusion. Medical records can include some of the most intimate details about a person’s life. They document a patient’s physical and mental health, and can include information on social behaviors, personal relationships, and financial status (Gostin and Hodge, 2002). The shift of medical records from paper to electronic formats has increased the potential for individuals to access...

Words: 2516 - Pages: 11

Premium Essay

Hipaa

...The Health Insurance Portability and Accountability Act (HIPAA) of 1996 is a federal law that requires covered health care entities, such as hospitals, to make sure a patient's health information is kept private. The HIPAA privacy rule is not intended to prohibit providers from talking to each other and to their patients. The privacy rule recognizes that oral communications often must occur freely and quickly in treatment settings. Thus, covered entities are free to engage in communications as required for quick, effective and high quality health care. These advances in information technology resulted in new ethical issues especially in transmission of one’s medical record from one provider to the other. Most health care providers require a written release of information from the patient or legal guardian before releasing health records. Records released are either through mail or sealed envelopes handed to the patient. But lately there are other ways that are quicker and easier to send and receive these records without hassles. A patient can just call the health care provider to request for a record and fax or email the signed release of information form. In return the requested record can be send to a provider’s office through fax or email. The new healthcare provider is able to receive information in a much quicker method and the patient can receive faster quality of care. The problem arises when emails or facsimiles are viewed by those who are not authorized to access and...

Words: 412 - Pages: 2

Premium Essay

Hipaa

...No Certificate of Originality attached HIPAA Joann Harris BSHS 401 June, 4 2012 Joel Odimba HIPAA Doing the online HIPAA training was an eye opener. Even though I knew a little bit about HIPAA, I did not really know that much about it. There is so much that is involved with HIPAA. Some of what I will discuss is the way I have changed principles, professional responsibilities and also how being self aware will prepare me for a case management role. There are many points to look at when considering a case management role. First, as I was going through the online training, it has shown me different things about HIPAA than just knowing it. One of the responsibilities that I already knew about is confidentiality. I think it is important for case manager to uphold the confidentiality ethics. I am a strong believer that confidentiality is important. I also believe that there are exceptions to the rules. An example would have to be is if there is harm that would come to a client or to his or her community. In a case like that, I would take it to a supervisor or someone higher up. The way that case manager’s hand cases like that has me thinking differently. A case manager should always use ethics. With these ethics come trust, respect and values on making bias decisions. I do have to hand it to case managers because they need to be bias and sometimes that is a hard thing to do. What I have viewed on that is remarkable. For me, it would be hard to be bias...

Words: 544 - Pages: 3

Premium Essay

Hipaa

...Biomedical Ethical Issues The Health Insurance Portability Accountability Act of 1996 (HIPAA) was signed by President Bill Clinton into law on August 21, 1996 (Sage, n.d.). This law will protects and provide privacy regarding the patient medical history from spilling into public. It also intended for reducing fraudulent activity of patient identity and medical history. With the rest of the nation complying into this law, it can improve the health care data system, so the provider can easily find out what was wrong with his or her patient. In my research paper, I will be describing the issue and its impact on the population it affects most, the arguments or facts are used the article to support their proposed solution, the ethical and legal issues that reported by the administrative, the managerial responsibilities related to administrative ethical issue, and any proposed solutions were identified. Describe the issue and its impact on the population it affects most. Misplacing patient health records is a serious issue. This type of issue is a violation of patient confidentiality, which protects the privacy of a patient. The impact for affected people can be terrifying. Those patients included in the misplaced medical records have to worry about getting their identity stolen. The information from the medical records can be used to apply for credit cards and loans. According to The Canadian Press, McGuinty admitted to them that they have almost 6,500 patient medical...

Words: 414 - Pages: 2

Premium Essay

Hipaa

...Introduction to Health Insurance Portability and Accountability Act (HIPAA) We human beings have been gathering data since the dawn of mankind, whether it was in the form of pictures drawn on stones or in the form some text typed and saved on your computer. There is no doubt in that technology has multifaceted benefits but, at the same time, it has forced mankind to feel insecure. Every industry depends upon the data of the customers and the health industry is no more an exception here. The data of each patient is shared to facilitate health itself and for more rigorous and authentic research. Hence, protecting patient data is very important. It is so important that in 1996, the federal government introduced the Health Insurance Portability and Accountability Act also known as “HIPAA”. This act brings balance to privacy, meaning that, as an individual or as a patient, you have the right to withhold information but at the same time, it gives the business owner the right to disclose patient information that is needed for patient care and other important purposes to various authorized businesses. However, healthcare businesses such as Medicare centers, insurance companies and more, must assure the confidentiality, integrity, and availability of electronically-protected health information. HIPAA consists of two major standard Privacy and Security rules. Privacy Rules: This rule assures that individual’s health information is properly protected yet still provides flow...

Words: 1020 - Pages: 5

Premium Essay

Hipaa

...HIPAA Summary Janine Yoder HCS/320 March 3, 2015 Lynn Bell HIPAA Summary Going to the doctors or hospital is scary enough, so they try and make it easier, so you are worried about multiple things. They work and take your privacy and rights out of it and have it protected. The Federal Act of 1996, Health Insurance Portability and Accountability Act. This act is to help people be able to keep health insurance a little easier and protect our information from being given away. The confidentiality and security of our health care information, and it controls the cost of administrative in the health industry. You can go to the doctors and not have to worry about them sharing your information with anyone without your permission because of the HIPAA law. Protecting the patient’s rights is the number one priority when it comes to the Health Insurance Portability and Accountability Act (HIPAA). Even though, the cost of administrative, privacy and right because security of health care information and confidentiality. The implications for health communications, the Health Insurance Portability and Accountability Act (HIPAA) has different types. Civil and criminal penalty and violations up to but not limited to two hundred and fifty thousand in fines and up to ten years in prison. This information is crucial because you do not want to be giving out someone’s information on accident. Plus you would not want your information out there if it did not have to be. That is how people...

Words: 515 - Pages: 3

Premium Essay

Hipaa

...How HIPAA Violations Affect the Medical Billing Process Rebecca Clements HCA 220 University of Phoenix (Axia) October 3, 2010 Monica Tucker Abstract HIPAA mandates privacy rules and regulations regarding patient’s protected health information. This includes diagnoses, information regarding sexuality and history of drug use. HIPAA applies to all diagnoses, because of the social stigmas placed upon certain types of diagnosis; history has shown society to be more sensitive when it comes to HIV and AIDS disclosures. Inappropriate disclosure of information can create social, legal and ethical ramifications. How has the medical industry improved upon confidentialities and disclosure with HIV and AIDS patients. How HIPAA Violations Affect the Medical Billing Process References Dickens, B., & Cook, R. (05/08/2000). Law and ethics in conflict over confidentiality? Retrieved from http://papers.ssrn.com/sol3/papers.cfm?abstract_id=946463 Myers, J., Friednan, T., Berhwani, K., & Henning, K. (2008, May). Ethics in Public Health Research: Privacy and Public Health at Risk: Public Health Confidentiality in the Digital Age. American Journal of Public Health, 98(5), 793-801. doi:10.2105/AJPH.2006.107706 Richards, E. (1999). HIV: Testing, Screening, and Confidentiality - An American Perspective. Retrieved from http://biotech.law.lsu.edu/cphl/articles/american-hiv.htm UNAIDS, U. (2007, June 27). Confidentiality and Security of HIV...

Words: 268 - Pages: 2

Premium Essay

Hipaa

...Jesse Martinez IS3350 Unit 4 Assignment 1 Unit 4 Assignment 1 The Health Insurance Portability and Accountability Act of 1996 (HIPAA) was created to develop some type of regulations protecting the privacy and security of certain health information which shouldn’t be accessible to others. The U.S. Department of Health and Human Services (HHS) is responsible for HIPAA compliance within the Privacy Rule as well as the Security Rule. The Privacy Rule develops national standards for protecting certain health information while the Security Rule establishes a national set of security standards for protecting certain health information that is held or transferred in electronic form. One of the specific sections of the form that need critical attention while filing the complaint is having your complaint filed in writing, either on paper or electronically to have records of the complaint. You are also required to name the covered entity involved in your complaint while reviewing whichever requirements being violated in the Privacy and/or Security Rule. It also requires the complaint being filed within 180 days of when you knew that the act or omission happened. OCR may extend the 180-day period if you have good reason for the extension. HIPAA also prohibits retaliation. This means that anything under HIPAA cannot retaliate against you for complaining. If any retaliation activity occurs, you are required to immediately get ahold of OCR. Finally, you submit your complaint through...

Words: 331 - Pages: 2