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With the proliferation of electronic devices, sensitive records are at risk of being stolen. Nurses must follow HIPAA guidelines to ensure that a patient’s private records are protected from any unauthorized distribution. Although it is not always easy, nurses have to stay vigilant so they do not violate any rules.
Download the free cybersecurity eBook to get tips on how to protect your patient information. PHI remain protected for 50 years after a patient’s death, with certain exceptions. Mike began his career at GT&B in 1993 and has created a strong track record of protecting his clients’ rights in issues such as bankruptcy, probate and estate planning, and general practice.
HIPAA Regulations for Nursing Homes
Poorly trained or monitored staff can also lead to issues with HIPAA. Some nursing homes may not take the time to completely explain HIPAA rules to their staff members, which increases the chance that they will unintentionally violate HIPAA at some point. It is important for nursing homes to establish a status quo that prioritizes resident privacy. There is also a prediction of a 75% increase in the number of elderly people who need nursing homes in 2030, rising from 1.3 million to 2.3 million. Due to the increase in the elderly population, along with the increase in those needing nursing homes, Social Security and Medicare expenses will increase from 8% of gross domestic product to 12% by 2050.
This shocking discovery caused a PR disaster for Laguna Honda. It also led to an official investigation into the healthcare system and possible criminal charges for the staff. A practitioner at the hospital diagnoses a patient’s tuberculosis and wants to inform the nursing home so that the staff there can quarantine the coughing roommate of the index case. In these scenarios a resident of a nursing home is admitted into a hospital, certain medical conditions are diagnosed, and the hospital wants to disclose this health information back to the nursing home. Violating HIPAA regulations results in severe consequences for both the organization and the individual. Organizational discipline may include remediation, verbal or written counseling, and even termination.
HIPAA for Professionals
Strengthen individuals' rights to access their own health information, including electronic information. HIPAA doesn’t require facilities to appoint full-time compliance officers. However, privacy laws and regulations are complex and often changing.
Follow the guidelines, hire outside help if needed, and be certain your risk assessment is thorough and effective. A patient is admitted to Hospital B with a surgical site infection after an operation at another hospital , where the patient had been operated on and then discharged without signs or symptoms of infection. Hospital B seeks to report the SSI to Hospital A, where the SSI is presumed to have originated, so that Hospital A can fully account for SSIs attributable to its care. A hospital identifies a surgical site infection that is probably attributable to an ambulatory surgical care facility and/or surgeon that performed the surgery within the past 12 months. The hospital seeks to notify the ambulatory surgical care facility about the SSI, or in a given situation, notify the surgeon directly. One of the things that people are using to help the elderly is Long-Term Support and Services .
Communication of Possible Healthcare-associated Infections across Healthcare Settings
Research estimates that the number of Americans aged 65 or older will grow from 46 million to over 98 million by 2060, which will account for 24% of the total population in the United States. Some organizations may benefit from hiring out the role of HIPAA compliance officer. A consulting team can provide the benefit of many years of expertise in HIPAA regulations. According to the HHS, the clinic had failed to conduct risk analysis, did not properly train employees on HIPAA regulations, and failed at maintaining HIPAA policies and procedures. The results were a hefty fine and two years of monitoring from the OCR. A nursing assistant who worked at a nursing home took a video of a dementia patient in a bathroom and sent it to a friend.
For example, to properly care for your patient, you need to know your patient’s clinical information such as current lab results and recent medical history. You do not need to know your patient’s marital status, or to know clinical information about the patient in the care of another nurse, unless you are directly assisting with the care of that patient. You will most likely be required to receive HIPAA training on a regular basis. Rather, it is a process that requires ongoing education, learning, monitoring and compliance.
Cover papers or files and watch who might be looking at screens. Never store data on any personal or unencrypted flash drive or device. Do not open files on public transportation or leave them in your car. With better awareness, they can be more diligent in protecting patient information. Concerns about the provider’s compliance with its privacy policies.
HIPAA allows covered entities to share protected health information in order to provide treatment, process payments and conduct internal business operations. The Privacy Rule expects best efforts to maintain confidentiality and privacy of protected health information with the policies and procedures necessary to secure an individual’s privacy. Reduce administrative burdens on HIPAA covered health care providers and health plans. Keeping your organization HIPAA compliant not only protects patient privacy, but it also protects you from hefty government fines. HIPAA rules can be complex, but that is no reason to risk a breach.
Privacy is a fundamental human right that extends to patient care. Today’s technology makes it easier for nurses to commit unintended privacy violations. Nurses must continuously review guidelines, professional standards, organizational policies and best practices. They must be mindful of potentially high-risk situations and proactive strategies to protect patient information. The court also rejected the health agency’s requirement that it was possible to comply with both laws. The court read the language of the Florida law as not requiring an authorized individual to request the records .
The fines vary from $100 per violation for unknowing to $50,000 for uncorrected willful neglect. Each violation has an annual maximum for repeated violations. Demographic shifts are occurring across all ages in the United States.
The disclosures discussed above are health care operations disclosures that are permitted under the HIPAA Privacy Rule. In these scenarios we assume that the hospitals sharing the PHI, the ambulatory surgical care facility, and the surgeon are all HIPAA covered entities. The disclosures are so that the surgical facilities and/or surgeon can monitor and improve the quality of care provided. Health care providers have raised questions as to whether the HIPAA Privacy Rule permits information sharing between individual providers and/or facilities for patient safety-related purposes.
Compliance with the Security Rule was required as of April 20, 2005 . Here’s a rundown of how a SNF HIPAA Risk Assessment can assist in ensuring compliance with HIPAA regulations for nursing homes. Give your patients a seamless experience while protecting their information with Jotform’s HIPAA-compliant forms. They need to provide exceptional care to people with a variety of problems. Respecting your patients’ right to privacy and the need for secure data makes it easier to help them all. Our secure HIPAA-compliant forms ensures that all sensitive patient data is kept safe.
The victims of the HIPAA violation should have help determining how to proceed, and hold the violator accountable for their actions. Unfortunately, most people do not fully understand their HIPAA rights and many medical professionals do not explain them. Facilitate family and caregiver involvement in the care of individuals experiencing emergencies or health crises. This Rule sets national standards for protecting the confidentiality, integrity, and availability of electronic protected health information.
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