Understanding Exactly What Constitutes HIPAA Rule Violation

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Greg Garner

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May 10, 2013, 6:48:02 PM5/10/13
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Please consider this free-reprint article written by:
Greg Garner

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Article Title: Understanding Exactly What Constitutes HIPAA Rule Violation
Author: Greg Garner
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It was in 1996 when U.S. enacted the Health Insurance Portability and Accountability Act. The law is meant to provide security to medical date of patients. There are actually two primary purposes why HIPAA was acted. Firstly, it intends to set national standards regarding sharing and transmitting private health information or PHI electronically. The second purpose of HIPAA is to provide additional security and protection of the privacy of the patients� PHI. In order for you to have a clear grasp about how to avoid being penalized, you need to fully understand what exactly constitute HIPAA violations. Here are some of the things that can lead to violation of privacy law.

1. Health Related Discrimination

It is not all the time that employees alone can violate HIPAA. This is because sometimes employers do violate the privacy law also. If an employer or a higher officer gathers and reads his employee�s medical record and then uses the information to come up with a decision about the employee, then the employer has committed an HIPAA violation. A good example of this type of violation is if, for instance, your boss or manager learned from your private doctor that you are suffering from chronic diseases and disorders and then decided to fire you because your boss is thinking that you are incapable of doing your job properly. Another illustration is if your employer learned from your family doctor that you are mentally or emotionally unstable or perhaps you are pregnant, and then he uses this reason to fire you.

2. Excessive Information Views

Looking at a patient�s medical record more often than needed can constitute a privacy law violation. A patient who has learned that his confidential medical records were viewed excessively can file a HIPAA violation complaint. Generally, excessive information views happen when a patient has an abnormal medical condition and people who have learned about his condition grow curious about it. A man who has discovered that his medical record has been accessed more than a hundred times by the employees of his health care provider is a perfect illustration of this specific law violation.

3. Showing the Information to an Unauthorized Person

Showing patients� private medical records to unauthorized people like family and friends can constitute a violation of the privacy law, as well. Once your provider of health care services happens to share your medical information without your knowledge and approval, you are entitled to submit a privacy law violation complaint. The rule is not restricted to only the form of written information or perhaps electronically produced data, either, but is extended also to oral sharing of information. Sharing your condition to other people or perhaps discussing your health condition in public can constitute a HIPAA violation. Also, using your health condition information for medical briefs with your approval is a violation to the law of privacy.

These are just some of the most common grounds for HIPAA violations. To be able to avoid being penalized, it is best to keep the medical information of your patients and clients private and secure.


About The Author: For more information, please visit our HIPAA Training Course website http://www.hipaaexams.com/hipaa-training.asp

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