HIPAA security and privacy rules

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Introduction

HIPAA violations are a main concern in healthcare industry, and its fulfillment is one of the most significant factors to a health organization’s achievement. The HIPAA Security and Privacy rules were made to guarantee personal health information of a patient is kept secure and private. Enforcing the Privacy and Security laws process requires the Office of Civil Rights (OCR) which uses three methods to guarantee that the healthcare professionals comply with the rules. To begin with, all the complaints are assessed through a thorough investigation process (Stephen, 2003).

When the compliant has been acknowledged for investigation the healthcare provider and the submitting party shall be contacted, where more details shall be composed and assessed.

By law, any specialized health care concerned with violations claim is mandatory to oblige with the investigations. Most HIPAA violations  complains are resolved and closed after finding out that covered entity was operating in compliance of the laws. Another method is by reaching out to the enclosed entities and offering training and education to assist in fostering of full accepting and complying with the requirements of the laws. In cases where noncompliance is detected, ruling can be made through a voluntary compliance, instantaneous corrective act, or conformity upon a ruling (Stephen, 2003).

The OCR can partner with the Department of Justice to work jointly on creating potential criminal charges. When resolution method has been recognized, and the health care expert does not meet the necessities as well as comply with it, a sudden fine can be issued.

The OCR moderates fulfillment with comprehensive reviews of enclosed entities to guarantee that they are working in compliance with the law. An example of a HIPAA violation and how it impacts one as a health care professional is viewed between prestige and a client.

A pharmacist at Prestige health care where I work gave medicine to his neighbor and noticed that the neighbor had been diagnosed with HIV AIDS. He went home and informed his wife who spread the rumor and when John had about it, it affected him since withdrew from him. John filed a law suit against Prestige and claimed it was accountable for the HIPAA violation since it failed to train, teach and supervise its employee (Stephen, 2003). Prestige disputed that the pharmacist went beyond his job duties and was not accountable for the breach. The jury disagreed and the jury decided prestige was not accountable for the breach. The jury and the judge decide prestige was responsible for 80% of the compensation owed to the plaintiff. Prestige has already agreed to appeal.

Reference

Health, (2013). Protecting personal health information in research: understanding the HIPAA

privacy rule (03-5388). Retrieved from website: http://privacyruleandresearch.nih.gov/pdf/HIPAA_Privacy_Rule_Booklet.pdf