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Health Insurance Portability And Accountability Act

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The moment a patient’s information is entered into a healthcare system, they are given patient rights; one of those rights is the right to patient information confidentiality. This right confirms that the patient’s information will only be accessed by care providers, people who are providing reimbursement for care, when information is ordered by the court or if the patient gives written consent for the release of information. The patient is allowed access to view their medical records (Confidentiality, Patients ' Rights and Responsibilities, 2014). The healthcare team can assist in building a trusting relationship with their patients by ensuring the patients right to privacy. By ensuring a patients right to privacy, this encourages the …show more content…

If HIPAA were inactive, a patient’s health care information could be discussed freely, without any repercussions. With HIPAA, patients can feel at ease when disclosing personal information that can bring forth judgments, such as, having HIV/AIDS, sexually transmitted diseases and other infections or diseases that are viewed negatively by society. Under the HIPAA act, information that identifies a person (name, social security number, birthdate and demographic information), as well as, health information and form of payment is considered confidential (Health Information Privacy, 2003). Failing to abide by HIPAA regulations can result in civil and criminal cases. The American Recovery and Reinvestment Act of 2009 established a tiered civil case structure for violation of HIPAA regulations (HIPAA Violations and Enforcement, 2014). Below are the penalties for HIPAA violations when faced with a civil case: HIPAA Violation Minimum Penalty Maximum Penalty Person was unaware they were breaking HIPAA standards. $100 per violation with annual max of $25,000 for repeated violations. $50,000 per violation with annual max of $1.5 million for repeated violations. Violation was because of a reasonable cause and not due to willful neglect. $1,000 per violation with annual max of $100,000 for repeated violations. $50,000 per violation with annual max of $1.5 million for repeated violations Violation was a result of willful neglect. Violation is corrected within the given time period.

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