HIPAA Laws Assignment Help
Write 400–600 words that respond to the following questions with your thoughts, ideas, and comments. This will be the foundation for future discussions by your classmates. Be substantive and clear, and use examples to reinforce your ideas. With the HIPAA laws, much emphasis has been placed on the patient’s privacy rights and the requirements of the health care organization (a covered entity) to ensure privacy of protected health information. Discuss the following: When there is a breach of privacy, has a breach of fiduciary duty occurred?
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When HIPAA was enacted, one of its primary goals was to safeguard or protect confidentiality and to ensure the security of healthcare information. It is required that medical providers have to ensure the privacy and protection of their respective patient’s treatments & medical files & records. They are not allowed to release or disclose it without any valid reason. Until they are not authorized to do it, they have to keep it under confidentiality (Gionfriddo, McCoy & Lipska, 2014). Under HIPAA act civil penalties imposed for involvement in noncompliance ranged from $100 to $ 50,000 for a day, within a calendar year cap of $1,500,000. For several other potential criminal and information breach penalties, the fine imposed is as much as $2,500,000 and rewarded jail time almost near to 10 years mainly depends upon what type of law breach & wrong intentional act being conducted and the crime scene or criminal intention behind negligence or violation of the law.
If improper disclosure of health information is being done, then, HIPAA act consist both civil and criminal penalties, for violation of HIPAA laws and provisions it doesn’t make any state-based regulation for private cause of action. When a healthcare provider inappropriately shares or disclose someone's PHI, then the personal legal recourse cannot be presented by the main offending party. Considering the fact other courts, while evaluate the facts that issues being held by HIPAA act do not form any private cause of action (IEMKE-MATCHETT, M. 2005).. For this reason, lawyers and their victims have often applied the laws of HIPAA that violation of its rules do not allow its victims to get a grant of as a covered entity for a “ Private cause of action”, means the individuals cannot be sued by them under the privacy breach regulations.
So this case, moreover, signifies that HIPAA plays an essential responsibilities and roles in the state court finds alleging the breach & negligence and liabilities of medical practitioner professionals which is mainly related to patients confidentiality & privacy rights. The plaintiff cannot sue the involved party mainly the pharmacy for being neglecting or violating HIPAA ( which it is not being regulated and permissible by the federal states) instead it being sue the criminal under the state of law of being showcasing, invasion of patients privacy, negligence, and breach or negligence of fiduciary duties, being used HIPAA to create the considerable norms norms and providing care and acts for patients privacy & persoanl information protection. It is employers' liability is being questioned for actions of an pharmacy’s employees usually followed whether the employees are working within the required permission or under provided limits abide by law and regulation of related to the employment. Employers are experienced and being responsible for being neglecting actions performed by their appointed employees have intentionally committed under the presence of phramacy’s scope or under known HIPAA acts and regulations of their employment contract under the legal doctrine of responsible superior.
Under the U.S. Healthcare legal system, a fiduciary responsibilities or duties is the special legal term which describes the medical relationship between the two involved parties which obligates to another one to act solely for the interest or care of other victim parties. The fiduciary is being appointed or designated as to protect its interest and it owes the required legal duties and responsibilities to the principal, & a stringent follow up is required to take so that it can be ensured that no conflict or breach of patients interest takes place between the fiduciary and the principal (Jesse C. Vivian, 2019). Whenever a relationship between the client and principal occurs, which make the involvment of a special trust, confidence, and utmost faith or reliance on the fiduciary is being exercised for the interest of the client.
In this interest, one of the examples will explain the question that when there is a breach of privacy, has a breach of fiduciary duty occurred? Think of one example that a long-term patient takes the medical treatment from a well-known pharmacy has being prescribed of several medical prescriptions written on a file. A practitioner accessed that files of a patient who was taking medications from very past and what medicines the patient is taking in the present with her spouse, and he disclosed all information. Assume further; the patient comes to know about this spousal discussion (Calloway & Venegas, 2002). Is the patient is allowed or have rights to sue that practitioner and the pharmacy for the breach of that information or for breach or violation of privacy rights provided to patients under the Health Insurance Portability and Accountability Act of 1996 (HIPAA)? Yes under the HIPPA act of 1996 patient have full right to take the claim and sue both practitioner and pharmacy for this violation on act
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