How HIPAA Affects A Patient's Access To His Own Medical Records
Law and Ethics in Medicine
HIT105
40955300
1. HIPAA does not affect a patient 's access to his own medical records; it affects everyone else 's access to a patient 's medical records. You have the right to access all your records including your paper work, discussions with your physicians, anything related to your medical treatment. You can be charged a fee for the records. Fee may vary depending on the physician.
If access to the records is required, then you should sign an authorization form that gives you the right to access your record. You can also authorize others to access your medical record with the HIPAA authorization. You are also allowed to access your dependent children 's records until the age of 18. Anyone over 18 requires …show more content…
a written authorization from the patient to the doctor to even discuss medical details.
It is a patients right to file a complain if the patient believed that he/she have been discriminated against because of his/her race, color, national origin, disability, age, sex or religion by a health care or human services provider (such as a hospital, nursing home, social service agency) or by a State or local government health or human services agency, patient may file a complaint with the Office for Civil Rights (OCR).
You may file a complaint for yourself or for someone else. [1]
2. Anyone can file a complaint against HIPAA violation. There are some requirements to file a complain regarding HIPAA violation with the office of civil rights.
- You have to file in written either by mail, fax, or email.
- Name the covered entity or business associate involved and describe the act you believe violated the requirement of the Privacy, Security, or Breach Notification Rules.
- You have to file within 180 days of the act. OCR may extend the 180 day period if you can show good cause.
There are different methods to file your complain. You can file electronically via the OCR complaint portal, by using health information privacy complaint package, without using health information complaint package, or file a security rule
complaint.[2]
3. A covered entity provides media notification if the breach of unsecured PHI involved more than 500 individuals residing in a particular State or jurisdiction, prominent media outlet must be notified without unreasonable delay and no longer than 60 days after breach. They should notify the patient or legal guardian in writing via first-class mail at the last known address or by e-mail if the individual agrees to receive it by e-mail.[3]
4. The HHS Office for Civil Rights first determines whether it has the legal authority to reviewed and investigate the complain. Normally OCR investigates those entities which receive Federal Financial Assistance from Department of Health and Human Services (HHS) and in some cases over entities for which OCR has enforcement authority designated by another agency. After determining the legality of the complain, the investigator will gather information through interviewing witnesses, obtaining documentation, and making visits to appropriate sites. The investigator may decide to interview again if necessary.
If the evidence indicates that the covered entity was not in compliance, OCR will attempt to resolve the case with the covered entity by obtaining Voluntary compliance; Corrective action; and/or Resolution agreement. [4] If there is a violation finding, the recipient is then allowed a specific time period, usually 60 days, to correct the violation or provide OCR with a plan of correction. Corrective action may involve a change in policy or procedure, provision of a service, reinstatement to a job, back pay, restoration of lost benefits, or a notice to clients and employees that the recipient has taken steps to comply with a federal statute or regulation. If a recipient is unwilling to take corrective action to come into compliance, OCR will recommend that enforcement proceedings be initiated. A final decision upholding a finding of a violation may result in the termination of Federal financial assistance to the recipient[4]. [5]Penalties vary by cases; the maximum penalty is $50,000 per violation, with an annual maximum of $1.5 million. Minimum vary by the violations.[5]
References:
[1] http://www.hhs.gov/ocr/privacy/
[2] http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html
[3] http://www.hrsa.gov/healthit/toolbox/HealthITAdoptiontoolbox/PrivacyandSecurity/coveredentities.html
[4] http://www.hhs.gov/ocr/civilrights/faq/Procedures/303.html
[5] http://www.ama-assn.org//ama/pub/physician-resources/solutions-managing-your-practice/coding-billing-insurance/hipaahealth-insurance-portability-accountability-act/hipaa-violations-enforcement.page
HIT105
40955300
1. HIPAA does not affect a patient 's access to his own medical records; it affects everyone else 's access to a patient 's medical records. You have the right to access all your records including your paper work, discussions with your physicians, anything related to your medical treatment. You can be charged a fee for the records. Fee may vary depending on the physician.
If access to the records is required, then you should sign an authorization form that gives you the right to access your record. You can also authorize others to access your medical record with the HIPAA authorization. You are also allowed to access your dependent children 's records until the age of 18. Anyone over 18 requires …show more content…
a written authorization from the patient to the doctor to even discuss medical details.
It is a patients right to file a complain if the patient believed that he/she have been discriminated against because of his/her race, color, national origin, disability, age, sex or religion by a health care or human services provider (such as a hospital, nursing home, social service agency) or by a State or local government health or human services agency, patient may file a complaint with the Office for Civil Rights (OCR).
You may file a complaint for yourself or for someone else. [1]
2. Anyone can file a complaint against HIPAA violation. There are some requirements to file a complain regarding HIPAA violation with the office of civil rights.
- You have to file in written either by mail, fax, or email.
- Name the covered entity or business associate involved and describe the act you believe violated the requirement of the Privacy, Security, or Breach Notification Rules.
- You have to file within 180 days of the act. OCR may extend the 180 day period if you can show good cause.
There are different methods to file your complain. You can file electronically via the OCR complaint portal, by using health information privacy complaint package, without using health information complaint package, or file a security rule
complaint.[2]
3. A covered entity provides media notification if the breach of unsecured PHI involved more than 500 individuals residing in a particular State or jurisdiction, prominent media outlet must be notified without unreasonable delay and no longer than 60 days after breach. They should notify the patient or legal guardian in writing via first-class mail at the last known address or by e-mail if the individual agrees to receive it by e-mail.[3]
4. The HHS Office for Civil Rights first determines whether it has the legal authority to reviewed and investigate the complain. Normally OCR investigates those entities which receive Federal Financial Assistance from Department of Health and Human Services (HHS) and in some cases over entities for which OCR has enforcement authority designated by another agency. After determining the legality of the complain, the investigator will gather information through interviewing witnesses, obtaining documentation, and making visits to appropriate sites. The investigator may decide to interview again if necessary.
If the evidence indicates that the covered entity was not in compliance, OCR will attempt to resolve the case with the covered entity by obtaining Voluntary compliance; Corrective action; and/or Resolution agreement. [4] If there is a violation finding, the recipient is then allowed a specific time period, usually 60 days, to correct the violation or provide OCR with a plan of correction. Corrective action may involve a change in policy or procedure, provision of a service, reinstatement to a job, back pay, restoration of lost benefits, or a notice to clients and employees that the recipient has taken steps to comply with a federal statute or regulation. If a recipient is unwilling to take corrective action to come into compliance, OCR will recommend that enforcement proceedings be initiated. A final decision upholding a finding of a violation may result in the termination of Federal financial assistance to the recipient[4]. [5]Penalties vary by cases; the maximum penalty is $50,000 per violation, with an annual maximum of $1.5 million. Minimum vary by the violations.[5]
References:
[1] http://www.hhs.gov/ocr/privacy/
[2] http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html
[3] http://www.hrsa.gov/healthit/toolbox/HealthITAdoptiontoolbox/PrivacyandSecurity/coveredentities.html
[4] http://www.hhs.gov/ocr/civilrights/faq/Procedures/303.html
[5] http://www.ama-assn.org//ama/pub/physician-resources/solutions-managing-your-practice/coding-billing-insurance/hipaahealth-insurance-portability-accountability-act/hipaa-violations-enforcement.page