Anyone know about HIPAA laws and employment?

Question

I work in a medical office and the other day one of our doctors appearently left a message on a machine with health information. It was the wrong number in the computer one that was the patients family member they used to live with. My question here is I as the receptionist forgot to verify the phone number I guess when they registered. It was an honest mistake on my part I get very busy. The employer upset with ME. Can I lose my job over this or is it the doctor who is responsible?

Answer 1

There are two parts to HIPPA enforcement. One is criminal and the other civil. In criminal enforcement the DOJ is the responsible governmental enforcement agency.

According to the DOJ, only two categories of entities can be held criminally liable under HIPAA:
1. Covered entities (health plans, health care clearinghouses, certain health care providers, and prescription drug card sponsors); and
2. Certain directors, officers, and employees of covered entities, but only to the extent such liability would comport with general principles of corporate criminal liability.

The only federal criminal liability the employee might face would be under conspiracy or aiding and abetting laws. However, the DOJ has prosecuted a Seattle man (who was an employee of a HIPPA provider) that used patient information for personal gain.

However, Civil Litigation is becoming more visible as attorney's and the general public develop a understanding of patient rights under HIPPA.

As your question implies you understand that your employer has liability. That there was a procedure in place to protect patients health information (as required by HIPPA) and you chose to ignore that procedure because you got "busy."

It is unlikely that you would have personal liability from a criminal standpoint and from a civil standpoint it is doubtful your earnings as a receptionist would be sufficently "deep" to attract civil litigation. However, due to your negligence your employer is liable. You have placed him in a position where the only realistic defense is 1) he had written process and procedures, 2) which you violated and he terminated you for such violation (showing both his concern and diligence in enforcing HIPPA requirements within his office).

Finally, your office policy (assuming your policy is leaving detailed messages of someones health care on a answering machine as your question implies) should be re-examined. I believe you will find that the risk of such conduct is greater than the benefit. (As demonstrated by your recent HIPPA violation). Perhaps a better policy would be to simply leave a message to call Dr. ____.

Answer 2

you do no longer could characteristic the observe "regulation" after HIPAA. This acronym skill clinical coverage Portability & duty Act and an act IS a regulation. In answer to your question, no longer inevitably. It relies upon on the situations and the content textile of the communication. you have pronounced the clinical professional has been chatting with the college. Did the clinical professional touch the college or did the college touch him? To whom did he communicate? What replaced into pronounced? it quite is the main severe area. What replaced into pronounced. you will could locate that out in the past understanding if there replaced right into a contravention. i'm no longer stunned that it took 27 years so you could be clinically determined. Genetic situations are are not the 1st issues seen, the indicators could be similar to different, non-genetic situations and maximum docs are not genetic experts. It looks like yours could be intercourse-related. Does your analysis have a recognition? Has your son had genetic sorting out?

Answer 3

I would place the blame on the doctor. There is a lot of Gray area in the HIPPA and a lot of discretion must be used. There should a company policy stating that any message should be for a return call and to never give any results or other information on a answering machine.

Answer 4

I don't think you'll lose your job, but it's your responsible to make sure info is current.