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Running head: VIOLATION OF HIPPAA CONFIDENTIALITY1Violation of HIPAA – ConfidentialityNameInstitution AffiliationDate
VIOLATION OF HIPPAA CONFIDENTIALITY2Violation of HIPAA – ConfidentialityPatient's health information has evolved into the electronic forms and may thus be easily shared to different stakeholders. The HIPAA law offers protection against suchtransfer without the patient consent. Violation of the HIPAA either to share or mishandle the data attracts strict penalties. The violations draw substantial fines ranging from $ 100 to $ 1.5 million. HIPAA is a federal law but it's implemented by both federal and state government, and if the state laws are more stringent they take precedence over the federal regulations. This discussion primarily defines the HIPAA, the organization's obligations, the consequences of the legal obligations and the management actions to meet the legal obligations for patient’s rights reflecting on real-life cases. Official Title of the Law or LawsThe law in question is the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), public law 104-191. The HIPPA section 261 through 264 included the administrative simplifications provisions requiring HHS to adopt the national standards for privacy and security of health information (HHS.gov, n.d.). In other words, the HIPPA statute of the administrative simplifications provisions required the establishment of standards for privacy and the electronic transfer of patient's data. The law is enforced byboth the federal and the state government. If the state laws are stringent, they will take precedence over the federal regulations (DeYoung et al., 2010 October). HIPPA accordsthe patients’ rights over their health information for limits on who can receive their healthinformation. The law is to be followed by all healthcare practitioners, insurance companies and other programs that pay for healthcare. In other words, the law prohibits
VIOLATION OF HIPPAA CONFIDENTIALITY3the sharing of health information without the patient informed consent. The security rule,68FR 8334 was published in 2003. Health Care Organization’s Obligations to meet Patients’ Legal RightsA health organization owes the patients privacy and security of their health information as required by HIPAA under the privacy rule and security rule respectively.Privacy obligationsThe healthcare is obligated through the privacy rule to safeguards the privacy of a patient's health information through defining limits on the use and disclosure without the authorization of the patient. The patients have the right over their health information andcan examine their health records and request for corrections. The privacy obligation is defined through 45CFR part 160 and in subparts A and E of part 164 and was first established on August 14, 2002(HHS.gov, n.d.). The organizations thus need to set limits on the use of PHI to the healthcare operations including payment and treatment.