3. What Are the Social Legal and Ethical Ramifications of Hipaa Violations

If a HIPAA violation occurs on a social network or business blog, the following steps should be followed: HIPAA requires relevant companies to provide training to employees to ensure that HIPAA rules and regulations are understood. During HIPAA training, healthcare professionals should be aware of possible sanctions for HIPAA violations, but what are those sanctions and what happens if you violate HIPAA rules? There are two types of HIPAA violations: civil or criminal. Each type of violation has a different fine structure. Violations of Health Insurance Portability and Liability (HIPAA) occur when the acquisition, access, use, or disclosure of protected health information (PHI) occurs in a manner that results in significant personal risk to the patient. According to HHS, the majority of HIPAA compliance violations in recent years are due to employee mismanagement of PHI, many of which are due to inappropriate social sharing. Violations of the hipaa confidentiality rule include civil fines, which can result in fines ranging from $100 to $1,500,000, or criminal penalties that can result in fines of up to $250,000 and up to 10 years in prison. Other consequences of a HIPAA violation include lawsuits, loss of a medical license, or dismissal of employees. This resource is provided for informational and reference purposes only and should not be construed as providing legal advice to the American Medical Association. Your own lawyers must answer specific legal questions regarding this information. Criminal offences resulting from negligence can result in a prison sentence of up to 1 year. Obtaining protected health information under false pretenses is punishable by up to 5 years` imprisonment. Knowingly violating HIPAA rules with malicious intent or personal gain can result in up to 10 years in prison.

There is also a mandatory two-year prison sentence for aggravated identity theft. While medical ethics is at the heart of HIPAA, compliance with HIPAA legal requirements requires procedures and training. Here are some basic guidelines for dealing with HIPAA in a way that includes medical ethics: HIPAA Violation: Ignorant Penalty Zone: $100 – $50,000 per violation, with an annual maximum of $25,000 for repeated violations However, hacking is a very legitimate threat. In 2018 alone, more than 25 hacking incidents have currently been investigated for HIPAA violations. Here are common examples of HIPAA compliance violations on social media: If healthcare workers were better informed about HIPAA-compliant social media policies and potentially dangerous mistakes when using social media and medical blogs, HIPAA violations could be avoided altogether. To better understand how social media, HIPAA violations, and compliance should be handled in your doctor`s office, we`ve compiled a list of do`s and don`ts on social media and HIPAA compliance. UNDERSTAND what is considered a HIPAA violation on social media. Remember that HIPAA compliance is an ongoing and vigilant part of your overall compliance program. By continuously training employees on potentially dangerous mistakes when using social media and medical blogs, your company ensures that social media is a powerful tool for sharing information, sharing experiences, and potentially growing your company`s business. Carefully train employees in your company`s HIPAA privacy and security policies and procedures at the time of hiring and at least once a year thereafter. Your organization`s social media policy should be incorporated into these policies and procedures.

If you have any questions or concerns about implementing HIPAA social media compliance policies, notifying the Secretary of a breach, conducting a security risk analysis, or more information about the services we offer to determine breaches and mitigate breaches, you can either comment below, email us at support@healthcarecompliancerp.com os, or contact us free of charge at 855-427-0427. Civil penalties for HIPAA violations start at $100 per violation by anyone who violates HIPAA rules. The fine can be up to $25,000 if there are several offences of the same type. These penalties are imposed when the person knew that HIPAA rules had been violated or should have known if due diligence had been exercised. If there was no intentional hipaA violation and the violation was corrected within 30 days of the employee becoming aware that HIPAA had been violated, no civil penalties will apply. The medical center paid $2.15 million to resolve HIPAA violations, but atonement for violating medical ethics is more difficult. HIPAA is a set of healthcare rules based on long-established medical ethics. Responsible healthcare companies view HIPAA compliance as an ethical requirement. If you violate HIPAA rules due to a lack of training, your employer is to blame because it is required by law to provide training “as necessary and appropriate for members of the workforce to perform their duties in a HIPAA-compliant manner” (HIPAA Privacy Rule). To avoid disputes as to whether adequate training was provided, employers must document the training offered, the date it was offered and the people who attended it.

Social media is used by 74% of internet users and 80% of people who use social media actually use it to search for doctors, hospitals and medical news and information. Social media can be an extremely powerful tool for communicating general health information to the public, making professional connections, and sharing experiences. However, sharing too much information on social media platforms can have devastating effects on healthcare organizations and employees when patient-specific information is shared. With more than 800 million people on social media and professional blogs, it`s no surprise that HIPAA violations are on the rise and raising major concerns in doctors` offices. Criminal violations of HIPAA are handled by the Department of Justice. As with HIPAA civil penalties, there are different levels of severity for criminal violations. Criminal penalties for HIPAA violations apply directly to covered companies (CE), including: You`re probably wondering, “What can hackers do with PHI in the first place?” Well, there are two types of potential hacks. Healthcare Compliance Pros has created a sample social media policy that can be customized based on your company`s specific social media policies. Medical ethics are at the heart of HIPAA. Let`s go over the same list of medico-ethical basics to see how they apply to HIPAA: Fortunately, you can be both legally and ethically compliant. Let`s learn how to follow HIPAA regulations and medical ethics.

Criminal penalties for HIPAA violations can be severe. The minimum penalty for intentional HIPAA violations is $50,000.