There’s much confusion among everyone, and even among health care workers, regarding the analysis, penalties and individual rights regarding HIPAA violations. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) provides federal law protection of personal health information within the possession of covered entities and enables patients various rights regarding that information. The Privacy Rule isn’t excessively restrictive however, and it permits the disclosure of information when needed to facilitate patient care and to many other important purposes. For more information on HIPAA, visit our website today!
Individuals, organizations, and agencies that satisfy the definition of a covered entity under HIPAA must adhere to the Rules’ needs to safeguard the privacy and security of health information and must provide people with certain rights regarding their information. If the entity isn’t a covered entity, it doesn’t need to adhere to the Privacy Rule or even the Security Rule. Covered entities include health care providers, health plans and health care information clearing houses. Your best friend, member of the family or neighbor, unless of course they’re also your health care provider, isn’t a covered entity.
The Privacy Rule, a Federal law, provides you with rights over your data and sets rules and limits on who are able to take a look at and receive your data. The Privacy Rule pertains to all forms of individuals’ protected information, whether electronic, written, or dental. The Safety Rule, a Federal law that protects these details in electronic form, requires entities included in HIPAA to make sure that electronic details are secure.
The U.S. Department of Health and Human Services’ Office for Civil Rights(OCR) accounts for enforcing the Privacy and Security Rules. Enforcement of the Privacy Rule started April 14, 2003 for many HIPAA covered entities. HIPAA doesn’t create or allow for a person to create a suit against a covered entity. If someone believes a breach of their to privacy or private medical information security under HIPAA has happened, they have to file a complaint using the OCR when they wish action be used. Individuals of course have the authority to file a suit according to breach of privacy, etc., but such lawsuits aren’t a component of HIPAA itself. Want to know more about HIPAA violations? Visit our website today for more information.
The OCR investigates all complaints based on a precise process. If your breach has happened, the OCR may fine the entity and/and have the entity take corrective action. For criminal misuse of personal data the Department of Justice would bring criminal charges.