Patient’s information and security have been guided and regulated since 1996 by a governing institution known as HIPAA (Health Insurance Portability and Accountability Act). The governing body applies to all health officers, workers, and any person working in the office of medical institutions and petitioners. However, in as much as the rules and guidelines have been in existence for a long time, violations against the patients’ information and privacy still happen frequently across many health facilities. The consequences of violating HIPAA rules as a student of Ivy Tech community college include the following: Oral or on paper warning, short-term suspension, or dismissal from the nursing training program. There are large factors that can lead to violation of HIPAA laws for students training at Ivy Tech College. There is an oversight in the gap where some students find themselves in a dual threat situation when they take two roles as employees and students in practice at the facility (Cannon 2016). Due to the factors listed above, consideration is taken on deciding the ramifications once the HIPAA rules are violated, as the issues leading to a violation can be complicated.
The ramifications of violating HIPAA rules at Deaconess Midtown Hospital in Evanson, Indiana, include being charged with civil penalties, dismissal from the hospital board, and contract termination by the employer. The penalties range between $100,000-1.5mIllion, depending on the level of impact of the violation. (Rain Tree Systems n.d). The hefty amount is applied to individuals who committed the violations knowingly, with no signs of improving on their end on upholding the guidelines of HIPAA. The other consequence of violating the HIPAA laws in the hospital is being charged on criminal charges by the legal department, although this is rare. The individual can always face a prison time of 10yrs plus or without the fines. In most cases, such cases are generally associated with the medical practitioner violating the laws to gain personal interests such as money or power, or when the violation is done under false circumstances s declared by the individual (Rain Tree Systems n.d).
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According to Chisolm (1734), one of the best ways of preventing and reducing the HIPAA laws’ violations is by ensuring that the staff is well trained on the HIPAA laws. In most cases, violations of the statutes usually are rare cases, mainly caused by a lack of proper knowledge by handling the patients’ information. It is also highly encouraged for the different health facilities to also have their own internal rules and regulations concerning patients’ privacy, if possible, to avoid exposing client’s information, leading to the breach of contract. Another way to avoid breaching the HIPAA laws is for the hospitals to invest in the purchase of Medical Practice Management Software (Rain Tree Systems n.d). The software goes a long way in ensuring accuracy in following the guidelines. The staff are always aware and reminded of the procedures to protect patients' information, thus reducing the negligence of following the HIPAA guidelines due to neglect or ignorance.
In conclusion, as HIPAA enforces guidelines and rules to be followed by medical practitioners when handling patients' information, the violation is still widespread. The consequences usually are a suspension of the health providers and personnel, a criminal offense charge if a motive and personal gain are established, removal from aboard, or even termination of employment or practicing license. The consequences, however, naturally vary and are dependent on the offense committed. Ensuring that the HIPAA laws are enforced and followed is a collective role of the medical institution employers, the legal department of the health sector, and the medical professional board. Hospitals and medical institutions can deploy several methods to ensure that HIPAA laws are not violated, such as constant training and software deployment
References
Cannon, A. A. (2016). HIPAA violations among nursing students: Teachable moment or terminal mistake–A case study (12th ed., Vol. 6). Aurora, Colorado: Sciedupress.com. doi:10.5430/jnep. v6n12p41
Chisolm, S. (1734). The Health Professions: Trends and Opportunities in the U.S. Health Care . Sudbury, Massachusetts: Jones and Bartlett.
Rain Tree Systems. (n.d.). Understanding the Potential Consequences of a HIPAA Violation. Retrieved November 21, 2020, from https://www.raintreeinc.com/understanding-the-potential-consequences-of-a-hipaa-violation/#:~:text=Criminal%20penalties%20for%20a%20HIPAA%20violation%20come
