HIPPA Violence With Cases Discription - Paper Example

The relationship between patients and care providers and medical practitioners needs to be benefiting both parties involved. Patients privacy needs to be protected and it is the responsibility of the care providers and health care stakeholders to design strategies used to protect the information from reaching unwanted persons (Grandison & Rafae, 884). Health insurance portability and accountability act (HIPPA) is one of the strategies that the federal government has enacted to safeguard and enhance medical security in medical institutions across the country. This paper will examine three chosen institutions that have engaged in HPPA violations and how they have been affected by the law. The chosen institutions include Emory healthcare institution in Atlanta, CVS pharmacy and Adult & Pediatric Dermatology, P.C., of concord, mass, (APDerm).

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Healthcare institutions are in possession of crucial information about their patients that can pose a threat in the wrong hands. Despite various measures to reduce disclosure of patients information to the third parties, some institutions have been accused of engaging in HIPPA violation that protects and safeguards patients privacy and information security (Manaswi & William). Violation of HIPPA can lead to serious penalties to the institution implicated. Organizations can engage in HIPPA violation in various ways; some of the ways are discussed in the case study institutions provided below.

Case 1: Emory Healthcare, Atlanta

Emory healthcare in Atlanta has faced a class action lawsuit for more than $200 million in damages after the institutions involvement in 10 missing unencrypted disks backup. Anderson in Emory Faces Breach Lawsuit explains that the lawsuit on Emory was filed by the residents of Georgia who might have been affected by the breach. The disks are believed to contain crucial patients information between 1990 and 2007 at the two storage areas, Emory university hospital, and Emory clinic ambulatory surgery center. The information contained in the disks is crucial that if landed in the wrong hands, it might pose a great security threat to the patients involved. According to Anderson in his article Emory Faces Breach Lawsuit, approximately 228,000 files are believed to contain social security information on patients, names and procedure codes. The lawsuit seeks compensation for the affected individuals of $1,000 for every person. Again, the lawsuit demanded that the damages be determined. The allegations by the lawsuit explained that Emory healthcare did not take adequate steps or measures to protect the information on the missing disks. Therefore, the healthcare institution was accused to have engaged in negligence that led to the leaking of patients privacy. Despite being accused of negligence and failure to protect their patients privacy, the hospital has embarked on serious steps to ensure that such incidents are never witnessed again in the future. Emory healthcare has launched an initiative that would help enhance the reinforcement and clarification of safeguarding policies and procedures of patients information across all the workplaces (Anderson).

Case 2: CVS HIPPA violation

HIPPA violation penalties can affect any individual or institution irrespective of the market share or influence in the community. CVS pharmacy is one of the largest recognized retail pharmacy chains is facing a serious situation after being accused of disposing of protected health information. As Washington Business Wire Post explains the company is facing up to $2.25 million penalties to the department of health and human services (HHS). The investigation carried out by the HHS office of civil rights (OCR) with the integration with the Federal Trade Commission showed that CVS employees participated in the disposal of crucial protected information. Therefore, the investigation findings showed that the institution is involved in a violation of the HIPPA privacy rule. The investigation followed a media expose in 2006 that revealed that CVS was disposing of bottles that contained patients names and other information to the trash (Washington Business Wire); therefore, the information could be accessed by anyone. OCR investigated the case and some of the reviews include CVS failure to implement adequate protective measures to safeguard patients information and privacy during the disposal process. Again, OCR reviewed the CVS failure to adequately equip employees with disposal skills that would help protect patients privacy. CVS agreed to pay $2.25 million to HHS as a resolution and implantation of the corrective action plan (Washington Business Wire).

Case 3: APDerm HIPPA violation penalties

In 2011, a Massachusetts dermatology institution was accused of violation of HIPPA rule of privacy that led to the loss of information on an unencrypted thumb drive (Thuerk). In her article Derm practice pays $150 K settlement for stolen patient data, Theurk explains that the thumb drive contained information for about 2,200 patients who had undergone surgeries. The investigation by the HHS determined that the institution failed to adequately provide security measures to the information that was stolen in the staff members car. Again, the dermatology was accused of failing to conduct sufficient investigation or follow-up to determine the potential vulnerabilities and risks related to patients confidentiality and privacy. The director of HHS office of Civil Rights, Leon Rodriguez claimed that the dermatology failed to protect the patients privacy according to the institutions responsibility (Thuerk). Leon claimed that the institution had the responsibility to determine and mitigate the risks associated with the theft which it did not succeed; therefore, it was to be held accountable and responsible for the damages caused to the patients. As a result, the dermatology complied by agreeing to pay $150,000 to the federal government to settle for the damages caused by the negligence that led to the theft of thumb drive on December 24 (Thuerk).

In conclusion, HIPPA privacy rule is a law balanced to protect patients privacy in healthcare institutions by allowing access of the information to specific and authorized personnel. This, however, ensures that the law enforcement functions and healthcare service provisions continue. HIPPA was developed for healthcare professionals; therefore, the healthcare providers need to understand the implications of HIPPA so as to protect patients rights and also comply with the law.

Works Cited

Anderson, Howrard. Emory Faces Breach Lawsuit: Incidents Involves 10 Missing Backup Disks. Data Breach, Emory Healthcare, 2012. Accessed on Feb 2, 2017 from http://www.databreachtoday.com/emory-faces-breach-lawsuit-a-4848

Grandison, Tyrone, and Rafae Bhatti. "HIPAA compliance and patient privacy protection." Studies in health technology and informatics 160.Pt 2 (2010): 884-888.

Manaswi, Abhijit, and William M. Mihalko. "Direct to Consumer Advertising in Health Care and Orthopedics: A Review and Ethical Considerations." Ethics in Biology, Engineering and Medicine: An International Journal 1.3 (2010).

Thuerk, Sarah. "Derm practice pays $150 K settlement for stolen patient data". Dermatology Times, (2014). Accessed on Feb 2, 2017 from http://dermatologytimes.modernmedicine.com/dermatology-times/content/tags/dermatology/derm-practice-pays-150k-settlement-stolen-patient-data?trendmd-shared=0

Washington Business Wire. CVS Pays $2.25 million and Toughens Practices to Settle HIPPA Privacy Case. Berkshire Hathaway Company, 2009. Accessed on Feb 2, 2017 from http://www.businesswire.com/news/home/20090218005144/en/CVS-Pays-2.25-Million-Toughens-Practices-Settle