Staying Healthy: Disclosing Patient Health Information

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Greg Garner

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May 10, 2013, 4:00:03 PM5/10/13
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Please consider this free-reprint article written by:
Greg Garner

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Article Title: Staying Healthy: Disclosing Patient Health Information
Author: Greg Garner
Word Count: 531
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HIPAA or the Health Insurance Portability and Accountability Act was designed to give consumers protection concerning their health issues; specifically medical record transmission. Recent situations concerning the loss of patient information through electronic media further promotes that confidentiality of information from one entity to another, needs to be regulated.

Health Information Privacy Disclosures

HIPAA and Texas HB 300 are designed to limit access to confidential health information and Texas HB 300 is specifically designed to control electronic transmission of private patient health information. There are two situations where an entity is obligated to disclose confidential information. The first is at the demand of a patient and information release must be requested in writing. The second case concerns information required for the completion of legal, HIPAA or legal investigations.
Patient health information can be disclosed when public safety may be compromised or in the case of abuse. It is also socially responsible to release information that could cause medical concerns. These types of situations may include the possibility for pandemics, highly contagious infections or contaminations.

Information requested though a court order can be provided without the express permission of a patient. There are specific conditions that the legal system must follow and these include:

� Approval by a judicial board prior to conducting research and releasing information;

� A parent or personal representative needs to have accesses to a child�s personal health information;

� A child is at risk due to neglect, violence or abuse the entity treating the child is required to release health records to child protection services;

� Self-destruction (suicide) or threats to others have been expressed by the patient.

Noncompliance Penalties

The Federal Office for Civil Rights in addition to HIPAA laws and Texas HB 300 has specific provisions and penalties for noncompliance of privacy laws. Monetary penalties are the most common punishment for noncompliance but in some cases violations of the privacy rules do result in criminal charges. HB 300 will prosecute an infraction in the privacy laws as a felony charge if the breach is intentional.

Under HIPAA laws monetary penalties range from $100 to $50,000. This is dependent on the violation and the case. There are times when monetary penalties can be up to $100,000 and a one-year prison sentence may be assessed on the entity releasing information. All entities will be notified in writing if they are in violation and it is the right of the defendant to raise a defense. In order to for violations to be prosecuted the breach must be intentional or willful neglect.

House Bill 300 provides for higher penalties. The monetary fine under Texas HB 300 could be up to $1,500,000 for each infraction. Again, this is dependent on the case. To keep things in perspective and to educate those who handle patient information, Texas HB 300 classes plus HIPAA classes can be taken in the clinic, online, or through the state health department. If no training is offered to those who work with patient information, there will be penalties assessed. There are online and Texas HB 300 courses available for those who work with patient information, storing, filing or charting.


About The Author: For more information, please visit our Texas HB 300 Course website http://www.hipaaexams.com/fire-and-electrical-safety-training.asp

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