was imposed to strengthen the civil and criminal penalties imposed by HIPPA violations. HIPPA ACT The Health Insurance Portability and Accountability Act (HIPPA) of 1996 was set up by the US Department of Health and Human Services to protect certain civil rights (Title VI and VII) and patient privacy. The HIPAA Security Rule describes who is covered by the HIPAA privacy protections and what safeguards must be in place to ensure appropriate protection of electronic protected health information. The HIPAA law applies to all health facilities, health insurance, providers, or anyone who handles health information. This was created as a health reform to ensure that individual health information is protected. The HIPAA Privacy Rule describes what information is protected and how protected information can be used and disclosed. “The Privacy Rule generally permits, but does not require, covered health care providers to give patients the choice as to whether their health information may be disclosed to others for certain key purposes. These key purposes include treatment, payment, and health care operations” ("Health Information Privacy Law And Policy", 2014). The main goal was to create a balance between protecting the privacy of the person and to promote quality care for those individuals who seek medical care. HIPAA requires that all organizations involved in a patients care keep medical information private. This requires every office to have its own staff members properly trained regarding HIPAA policies. HIPAA protects the patient rights to maintain health insurance and protect him or her from denial of health insurance from a pre-existing health condition. Before there was HIPAA employers could deny employees insurance coverage to anyone who had a pre-existing condition.
Failure to comply with HIPAA can result in civil and criminal penalties. "Individuals or entities who knowingly obtain and disclose individual identifiable health information face a fine of up to $50,000, as well as imprisonment up to one year. Offenses committed under false pretenses allow penalties to be increased to a $100,000 fine, with up to five years in prison. Finally, offenses committed with the intent to sell, transfer, or use individual identifiable health information for personal gain or malicious harm permit fines of $250,000, and imprisonment for up to ten years" (HIPPA Violation and Enforcement). Analysis on how law impacts providers Since HIPAA has been around it has shaped the way organizations operate and how an organization upholds security and privacy of its patients. Organizations have to comply with HIPAA
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- Fall '14
- HCS 545, health information, Health Insurance Portability and Accountability Act