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 Patients, even celebrity patients, have
every right to privacy just as anyone else.
 Being a medical professional does not
justify your breaching privacy and
confidentiality laws
 Deliberate breaches of privacy and
confidentiality of patients could result in
immediate dismissal per policy
 HIPAA violations are very serious and
could not only result in termination, but
also civil AND criminal penalties.
HIPAA Violation Minimum Penalty Maximum Penalty
Individual did not know
(and by exercising
reasonable diligence
would not have known)
that he/she violated
HIPAA
$100 per violation, annual
maximum of $25,000 for
repeat violations
$50,000 per violation, with
an annual maximum of
$1.5 million
HIPAA violation due to
reasonable cause and
not due to willful neglect
$1,000 per violation, with
an annual maximum of
$100,000 for repeat
violations
$50,000 per violation, with
an annual maximum of
$1.5 million
HIPAA violation due to
willful neglect but
violation is correct within
the required time period
$10,000 per violation, with
an annual maximum of
$250,000 for repeat
violations
$50,000 per violation, with
an annual maximum of
$1.5 million
HIPAA violation is due to
willful neglect and is not
corrected
$50,000 per violation, with
an annual maximum of
$1.5 million
$50,000 per violation, with
an annual maximum of
$1.5 million
(American Medical Association, 2013)
 “Those who „knowingly‟ obtain or disclose
individually identifiable health information in
violation [of HIPAA] face a fine of up to $50,000,” as
well as 1 year in prison
 “Offenses committed under false pretenses” face
fines of $100,000 and up to 5 years in prison
 “Offenses committed with intent to sell, transfer, or
use individually identifiable health information
for…personal gain or malicious harm” face
$250,000 fines and up to 10 years in prison.
(American Medical Association, 2013)
 Curiosity does not qualify as a necessity to
view patient medical information
 Patient medical information should only be
accessed to deliver appropriate medical
care and billing purposes
 Do not ever go into a patient‟s chart you
are not personally treating or have a valid
reason to do so.
 Record access can be tracked and
punitive action will occur for HIPAA
violations
 Sharing your password leaves you
vulnerable to others‟ actions
 If you share your password, you are also
liable for the actions of those who use
your password
 If that person has committed a violation,
it will result in punitive action for both
parties
 Whenever you are logged into to your
workstation, ALWAYS secure it before
you walk away
 This will protect you from being liable if
someone else were to use your
workstation while you are logged in
 If you do not secure your station, you are
liable for the actions of those who use it
American Medical Association. (2013).
HIPAA violations and enforcement.
Retrieved June 26, 2013 from
http://www.ama-
assn.org//ama/pub/physician-
resources/solutions-managing-your-
practice/coding-billing-
insurance/hipaahealth-insurance-
portability-accountability-act/hipaa-
violations-enforcement.page

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Privacy and confidentiality

  • 1.
  • 2.  Patients, even celebrity patients, have every right to privacy just as anyone else.  Being a medical professional does not justify your breaching privacy and confidentiality laws  Deliberate breaches of privacy and confidentiality of patients could result in immediate dismissal per policy
  • 3.  HIPAA violations are very serious and could not only result in termination, but also civil AND criminal penalties.
  • 4. HIPAA Violation Minimum Penalty Maximum Penalty Individual did not know (and by exercising reasonable diligence would not have known) that he/she violated HIPAA $100 per violation, annual maximum of $25,000 for repeat violations $50,000 per violation, with an annual maximum of $1.5 million HIPAA violation due to reasonable cause and not due to willful neglect $1,000 per violation, with an annual maximum of $100,000 for repeat violations $50,000 per violation, with an annual maximum of $1.5 million HIPAA violation due to willful neglect but violation is correct within the required time period $10,000 per violation, with an annual maximum of $250,000 for repeat violations $50,000 per violation, with an annual maximum of $1.5 million HIPAA violation is due to willful neglect and is not corrected $50,000 per violation, with an annual maximum of $1.5 million $50,000 per violation, with an annual maximum of $1.5 million (American Medical Association, 2013)
  • 5.  “Those who „knowingly‟ obtain or disclose individually identifiable health information in violation [of HIPAA] face a fine of up to $50,000,” as well as 1 year in prison  “Offenses committed under false pretenses” face fines of $100,000 and up to 5 years in prison  “Offenses committed with intent to sell, transfer, or use individually identifiable health information for…personal gain or malicious harm” face $250,000 fines and up to 10 years in prison. (American Medical Association, 2013)
  • 6.  Curiosity does not qualify as a necessity to view patient medical information  Patient medical information should only be accessed to deliver appropriate medical care and billing purposes  Do not ever go into a patient‟s chart you are not personally treating or have a valid reason to do so.  Record access can be tracked and punitive action will occur for HIPAA violations
  • 7.  Sharing your password leaves you vulnerable to others‟ actions  If you share your password, you are also liable for the actions of those who use your password  If that person has committed a violation, it will result in punitive action for both parties
  • 8.  Whenever you are logged into to your workstation, ALWAYS secure it before you walk away  This will protect you from being liable if someone else were to use your workstation while you are logged in  If you do not secure your station, you are liable for the actions of those who use it
  • 9. American Medical Association. (2013). HIPAA violations and enforcement. Retrieved June 26, 2013 from http://www.ama- assn.org//ama/pub/physician- resources/solutions-managing-your- practice/coding-billing- insurance/hipaahealth-insurance- portability-accountability-act/hipaa- violations-enforcement.page