Patient ConfidentialityPatient Confidentiality

ByByKimberly CreelKimberly Creel

ConfidentialityConfidentiality

Must ALWAYS be top priorityMust ALWAYS be top priority Is a patient’s way of having confidence in Is a patient’s way of having confidence in

the health care systemthe health care system

Lack of confidentiality and trust can lead to Lack of confidentiality and trust can lead to harsh punishmentsharsh punishments

HIPPAHIPPA

1. Ensures that patients rights and privacy 1. Ensures that patients rights and privacy is protectedis protected

2. Is enforceable and penalties along with 2. Is enforceable and penalties along with criminal and civil lawsuitscriminal and civil lawsuits

3. Allows that patient information can be 3. Allows that patient information can be given to certain individualsgiven to certain individualsOnly for medical care, medical Only for medical care, medical

operations, and billing informationoperations, and billing information

PHIPHI

Protected Health InformationProtected Health Information

PenaltiesPenalties

HIPPA HIPPA violationviolation

Minimum Minimum PenaltyPenalty

Maximum Maximum PenaltyPenalty

Individual did not know (and Individual did not know (and by exercising reasonable by exercising reasonable diligence would not have diligence would not have known) that he/she violated known) that he/she violated HIPAAHIPAA

$100 per violation, with an $100 per violation, with an annual maximum of $25,000 annual maximum of $25,000 for repeat violations (Note: for repeat violations (Note: maximum that can be imposed maximum that can be imposed by State Attorneys General by State Attorneys General regardless of the type of regardless of the type of violation) violation)

$50,000 per violation, with $50,000 per violation, with an annual maximum of $1.5 an annual maximum of $1.5 million million

HIPAA violation due to HIPAA violation due to reasonable cause and not reasonable cause and not due to willful neglect due to willful neglect

$1,000 per violation, with an $1,000 per violation, with an annual maximum of $100,000 annual maximum of $100,000 for repeat violations for repeat violations

$50,000 per violation, with $50,000 per violation, with an annual maximum of $1.5 an annual maximum of $1.5 million million

HIPAA violation due to willful HIPAA violation due to willful neglect but violation is neglect but violation is corrected within the required corrected within the required time period time period

$10,000 per violation, with an $10,000 per violation, with an annual maximum of $250,000 annual maximum of $250,000 for repeat violations for repeat violations

$50,000 per violation, with $50,000 per violation, with an annual maximum of $1.5 an annual maximum of $1.5 million million

DO NOTDO NOT

Disclose patient’s nameDisclose patient’s name Release any information that could identify Release any information that could identify

a patienta patient Give report in a public place or a place Give report in a public place or a place

that can be overheard by othersthat can be overheard by others Look at any files besides patients that you Look at any files besides patients that you

directly have contact withdirectly have contact with Use records for any purpose until all PHI Use records for any purpose until all PHI

is removedis removed

Authorized PersonnelAuthorized Personnel

Physicians and staff treating patientPhysicians and staff treating patient Physicians and staff who will continue Physicians and staff who will continue

carecare PolicePolice Court ordersCourt orders Health DepartmentHealth Department CoronerCoroner

ConsentConsent

Is vital in health care records and must be Is vital in health care records and must be documenteddocumented Verbal consent is not enough it must be Verbal consent is not enough it must be

written and documentedwritten and documented Must be obtained before any procedureMust be obtained before any procedure

SummarySummary

Patient’s confidentiality is importantPatient’s confidentiality is important If you do not know if you are authorized to If you do not know if you are authorized to

look at a file ask a supervisorlook at a file ask a supervisor Act how you would want your information Act how you would want your information

to be treatedto be treated Violations are punishable by lawViolations are punishable by law

ReferenceReference

HIPAA Violations and Enforcement. (n.d.). HIPAA Violations and Enforcement. (n.d.). American American Medical AssociationMedical Association. Retrieved May 31, 2013, from . Retrieved May 31, 2013, from http://www.ama-assn.org/ama/pub/physician-http://www.ama-assn.org/ama/pub/physician-resources/solutions-managing-your-practice/coding-resources/solutions-managing-your-practice/coding-billing-insurance/hipaahealth-insurance-portability-billing-insurance/hipaahealth-insurance-portability-accountability-act/hipaa-violations-enforcement.pageaccountability-act/hipaa-violations-enforcement.page