2. ConfidentialityConfidentiality
Must ALWAYS be top priorityMust ALWAYS be top priority
Is a patient’s way of having confidence inIs a patient’s way of having confidence in
the health care systemthe health care system
Lack of confidentiality and trust can lead toLack of confidentiality and trust can lead to
harsh punishmentsharsh punishments
3. HIPPAHIPPA
1. Ensures that patients rights and privacy1. Ensures that patients rights and privacy
is protectedis protected
2. Is enforceable and penalties along with2. Is enforceable and penalties along with
criminal and civil lawsuitscriminal and civil lawsuits
3. Allows that patient information can be3. Allows that patient information can be
given to certain individualsgiven to certain individuals
Only for medical care, medicalOnly for medical care, medical
operations, and billing informationoperations, and billing information
5. PenaltiesPenalties
HIPPAHIPPA
violationviolation
MinimumMinimum
PenaltyPenalty
MaximumMaximum
PenaltyPenalty
Individual did not know (andIndividual did not know (and
by exercising reasonableby exercising reasonable
diligence would not havediligence would not have
known) that he/she violatedknown) that he/she violated
HIPAAHIPAA
$100 per violation, with an$100 per violation, with an
annual maximum of $25,000annual maximum of $25,000
for repeat violations (Note:for repeat violations (Note:
maximum that can be imposedmaximum that can be imposed
by State Attorneys Generalby State Attorneys General
regardless of the type ofregardless of the type of
violation)violation)
$50,000 per violation, with$50,000 per violation, with
an annual maximum of $1.5an annual maximum of $1.5
millionmillion
HIPAA violation due toHIPAA violation due to
reasonable cause and notreasonable cause and not
due to willful neglectdue to willful neglect
$1,000 per violation, with an$1,000 per violation, with an
annual maximum of $100,000annual maximum of $100,000
for repeat violationsfor repeat violations
$50,000 per violation, with$50,000 per violation, with
an annual maximum of $1.5an annual maximum of $1.5
millionmillion
HIPAA violation due to willfulHIPAA violation due to willful
neglect but violation isneglect but violation is
corrected within the requiredcorrected within the required
time periodtime period
$10,000 per violation, with an$10,000 per violation, with an
annual maximum of $250,000annual maximum of $250,000
for repeat violationsfor repeat violations
$50,000 per violation, with$50,000 per violation, with
an annual maximum of $1.5an annual maximum of $1.5
millionmillion
6. DO NOTDO NOT
Disclose patient’s nameDisclose patient’s name
Release any information that could identifyRelease any information that could identify
a patienta patient
Give report in a public place or a placeGive report in a public place or a place
that can be overheard by othersthat can be overheard by others
Look at any files besides patients that youLook at any files besides patients that you
directly have contact withdirectly have contact with
Use records for any purpose until all PHIUse records for any purpose until all PHI
is removedis removed
7. Authorized PersonnelAuthorized Personnel
Physicians and staff treating patientPhysicians and staff treating patient
Physicians and staff who will continuePhysicians and staff who will continue
carecare
PolicePolice
Court ordersCourt orders
Health DepartmentHealth Department
CoronerCoroner
8. ConsentConsent
Is vital in health care records and must beIs vital in health care records and must be
documenteddocumented
Verbal consent is not enough it must beVerbal consent is not enough it must be
written and documentedwritten and documented
Must be obtained before any procedureMust be obtained before any procedure
9. SummarySummary
Patient’s confidentiality is importantPatient’s confidentiality is important
If you do not know if you are authorized toIf you do not know if you are authorized to
look at a file ask a supervisorlook at a file ask a supervisor
Act how you would want your informationAct how you would want your information
to be treatedto be treated
Violations are punishable by lawViolations are punishable by law
10. ReferenceReference
HIPAA Violations and Enforcement. (n.d.).HIPAA Violations and Enforcement. (n.d.). AmericanAmerican
Medical AssociationMedical Association. Retrieved May 31, 2013, from. Retrieved May 31, 2013, from
http://www.ama-assn.org/ama/pub/physician-http://www.ama-assn.org/ama/pub/physician-
resources/solutions-managing-your-practice/coding-resources/solutions-managing-your-practice/coding-
billing-insurance/hipaahealth-insurance-portability-billing-insurance/hipaahealth-insurance-portability-
accountability-act/hipaa-violations-enforcement.pageaccountability-act/hipaa-violations-enforcement.page