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Stolen Health Information Case Study: Overview of the HIPAA Rule

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Stolen Health Information Case Study: Overview of the HIPAA Rule
Stolen Health Information Case Study
Sarah Kipp
HIM113- Law & Ethics in Health Information
Instructor Michelle Landis
November 29, 2012

Introduction A patient’s right to privacy is one of the most important and protected elements of healthcare today. Patient health information is protected by the Health Insurance Portability and Accountability Act (HIPAA) and even more so by the HIPAA Privacy Rule. “The HIPAA Privacy Rule is a key federal law governing the privacy and confidentiality of patient information.” (Brodnik, Rinehart-Thompson, Reynolds. 2012 pg. 215.) The law governing patient privacy has two goals, “to provide an individual with greater rights with respect to his or her health information” and “to provide greater privacy protections for one’s health information, which serves to limit access by others.” (Brodnik, Rinehart-Thompson, Reynolds. 2012 pg. 215) HIPAA security rule
Within the HIPAA Privacy Rule there are security rules that further govern the release and protection of protected health information that is stored, maintained and transmitted in an electronic format. In the context of the HIPAA laws, security “refers to protecting information from loss, unauthorized access, or misuse, along with protecting its confidentiality.” (Brodnik, Rinehart-Thompson, Reynolds. 2012 pg. 272) In the case of the employee getting fired for patients’ records being stolen, we are looking specifically at the loss, at a breech in security with the records being taken from the facility, stolen, unauthorized access by the thief, potential misuse and broken confidentiality.
Components of the HIPAA Security Rule and Safeguards
The HIPAA Security Rule is one of five titles that make up the HIPAA and it’s goal is the protect of health information that identifies a patient and is “transmitted by or maintained in any form of electronic media.” (Brodnik, Rinehart-Thompson, Reynolds.



References: Fundamentals of Law for Health Informatics and Information Management; Second Edition; 2012 Brodnik, Melanie S., Rinehart-Thompson, Laurie A., Reynolds, Rebecca B.

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    References: Author Unknown. Breach Report 2010, Redspin Inc. Dec. 2010. Retrieved from http://www.redspin.com/resources/whitepapers-datasheets/index.php on April 19, 2012. Badzek, L., Gross, G. Confidentiality and Privacy: At the Forefront for Nurses. The American Journal of Nursing, Vol. 99, No. 6 (June, 1999), pp.52-54. Lippincott Williams & Wilkins. Retrieved April 18, 2012 from http://www.jstor.org/stable/3472150. Byfield, E. 315,000 Patients ' Information Disappears From Emory Healthcare. WSBTV. Retrieved April 18, 2012 from file:///F:/Ethics%20information%20age/315,000%20patients%27%20information%20disappears%20from%20Emory%20Healthcare%20_%20www.wsbtv.com.htm Dixon, P. MEDICAL IDENTITY THEFT: The Information Crime that Can Kill You, March 3, 2006. World Privacy Forum. Retrieved from http://www.worldprivacyforum.org/pdf/wpf_medicalidtheft2006.pdf on April 24, 2012. Foreman, Judy (26 June 2006). "At Risk of Exposure”. Los Angeles Times. Retrieved April 23 , 2012. Gellman, R. Fact Sheet 8a: HIPAA Basics: Medical Privacy in the Electronic Age. Privacy Clearing House. March, 2012. Retrieved April 19, 2012 from http://www.privacyrights.org/fs/fs8a-hipaa.htm. Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1320d-9 (2010).…

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