Many businesses, such as health care facilities and insurers, have access to personal medical information. This information may be misused, sold, or be distributed without the owner's consent. It is for this reason that the federal government saw the need to protect the privacy and security of health information. In order to protect patient’s information, in 1996, the federal government passed the Health Insurance Portability and Accountability Act (HIPAA) (Martin, Imboden, & Green, 2015). The HIPAA protects the privacy and security of health information. More to this is that the HIPAA provide individuals with certain rights to their information. This paper will review and respond to a case scenario that involves HIPAA violation.
The HIPAA rule has different sets of federal regulations applicable to hospitals and health care practitioners, including social workers. If the health information of patients at a health care facility or practice is compromised, the health care facility or practice is always considered at fault. The facility may face serious consequences for violating the HIPAA. In some cases, employees may also be considered at fault. In the case provided, Tom violated the HIPAA. This is because he misplaced two copies of his patients’ personal and medical information. More to this is that Tom gave the people who attended the “Goodbye” party access to the files that sat on his desk. These files contained his patients’ personal and medical information. Under HIPAA, Tom is responsible for protecting the privacy and security of health information. Based on the violation, Tom may be considered at fault and face serious consequences. Also, Tom's employers hold some blame for not training employees properly.
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Under HIPAA, patients have many rights. First, HIPAA-covered entities are required to notify their clients about how their personal and medical information will be used (HPAA Editor, 2019). Secondly, patients have the right to obtain a copy of their health data. This is one of the most important patient rights under HIPAA. This is because the patients are able to check the data for errors. The patients can also keep the data for their own records and can share it with whoever they wish. Other patient rights under the HIPAA include the right to correct errors in their records, the right to find out who has received their health data, the right to restrict sharing of their health data, and the right to file a complaint about a privacy violation (HPAA Editor, 2019). Patients ought to be aware of their rights under the HIPAA rule.
Hospitals are required to have their own protocols pertaining to HIPAA rules (Martin, Imboden, & Green, 2015). The protocols should clearly outline the steps or measures the facility will take in case it violates the HIPAA rule, or its employees violate the HIPAA rule. Generally, hospitals are required to respond to patient complaints in a timely manner. More specifically, hospitals are required to investigate breaches, correct and mitigate harmful effects of the violations, determine if there is a reportable breach, involve the human resources to determine disciplinary measures, document and record all investigate efforts, and follow up with the patient (Martin, Imboden, & Green, 2015). However, in the case provided, Tom has not reported the missing files and the unauthorized access yet. In my opinion, Tom ought to inform his new boss about the issue in a timely manner. Tom is at fault and may face serious consequences. This is because the cases misplaced are protected by strict HIPAA laws. Tom is a bright and seasoned medical social worker. However, he cannot handle a caseload of 45 patients each week. This is because he is overwhelmed by the high volume. Thus, he should explain this to his new boss so that they address the issue promptly.
Tom is a bright medical worker and is a seasoned professional in this field. However, Tom ought to learn how to address the issues or challenges faced in the workplace. If Tom learns how to address the challenges faced at the workplace, builds a positive working environment with his new boss, and is well trained by his employers, he can make a good leader. This is because he would be able to handle the tasks assigned to him professionally and ethically.
References
HIPAA Editor. (2019). What are patient rights under HIPAA? [Online]. Retrieved from: https://www.hipaanswers.com/patient-rights-under-hipaa/ . Accessed October 16, 2019.
Martin, N., Imboden, T., & Green, D. (2015). HIPAA security rule compliance in small health care facilities: A theoretical framework. Issues in Information Systems. Vol. 16 (1): 180-188.
