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As a healthcare provider in Florida, you're likely aware of the importance of HIPAA compliance. HIPAA violations can result in severe consequences, including fines of up to $50,000 for each violation.
HIPAA is a federal law that protects the confidentiality, integrity, and availability of sensitive patient information. The law applies to all healthcare providers, health plans, and healthcare clearinghouses in the United States.
Understanding HIPAA Violations
HIPAA violations can occur in various situations, including the release of medical information to unauthorized parties. This can happen even when discussing a patient's status over the phone or in person.
Some examples of HIPAA law violations include releasing information to another doctor or healthcare provider without consent, discussing medical options with family members who are not immediately related to the patient, and acknowledging a patient's presence at a healthcare facility.
Even an acknowledgement that someone is receiving services at a healthcare facility or by a specific provider can lead to serious legal trouble.
The following are some examples of HIPAA law violation examples:
- A release of information to another doctor or healthcare provider without the explicit consent of the patient.
- The release of information to a parent regarding any child over the age of 18.
- The discussion of any medical information over the phone or in person.
- The discussion of medical options with family members who are not immediately related to a patient even if there is an established long-term relationship and the person is unable to care for themselves.
What Is a HIPAA Violation?
A HIPAA violation occurs when an individual or organization discloses or uses protected health information (PHI) without authorization.
According to the HIPAA Omnibus Rule, a HIPAA violation can result in fines ranging from $100 to $50,000 per violation, with a maximum penalty of $1.5 million per year.
A HIPAA violation can be intentional or unintentional, but either way, it's a serious matter that can have severe consequences for individuals and organizations.
Examples of HIPAA violations include sharing a patient's medical records with a friend or family member without their consent, or using a patient's PHI for marketing purposes.
In 2016, the University of California, Los Angeles (UCLA) paid a $865,500 fine for violating HIPAA when an employee accessed and disclosed the medical records of 4,000 patients without authorization.
HIPAA violations can also occur when an organization fails to implement adequate security measures to protect PHI, such as encrypting electronic health records.
Consequences of a HIPAA Violation
If you feel that your medical information was released without your consent to any party, you can sue.
You can demonstrate that there was damage to your ability to earn money, emotional damage, or any negative impact of that release of information, it is more likely that the case will be resolved in your favor.
Suing for a HIPAA law violation can be a viable option if you've experienced harm.
You'll need to provide evidence of the damage or negative impact to strengthen your case.
Florida Compliance Lawyer
If you're a health care provider or facility in Florida, you need to be aware of the increasing pressures for medical record privacy and security. Ever-changing technology has allowed health care organizations to elevate their level of service and streamline processes, but it also opens the door to potentially catastrophic mistakes.
As a HIPAA-covered entity, you're responsible for your liability as well as that of your business associates, so it's crucial to get in compliance. If you've identified a possible internal compliance breach that you need to fix, a Florida compliance lawyer can help you navigate the process.
What Is a Compliance Lawyer?
A compliance lawyer is a specialized attorney who helps individuals and businesses navigate complex laws and regulations. They ensure that their clients are in compliance with all relevant laws and regulations.
Compliance lawyers have a deep understanding of the laws and regulations that govern various industries. In Florida, for example, compliance lawyers may need to stay up-to-date on laws related to healthcare, finance, and real estate.
Their role is to identify potential compliance issues and develop strategies to mitigate risks. This can involve reviewing contracts, policies, and procedures to ensure they are compliant with relevant laws and regulations.
Compliance lawyers often work with businesses to implement compliance programs that meet regulatory requirements. In Florida, this may involve developing training programs for employees, conducting regular audits, and maintaining accurate records.
In the event of a compliance issue, a compliance lawyer can help their client respond to regulatory agencies and mitigate potential penalties. This can be a critical service, especially for businesses that rely on government contracts or licenses.
How a Compliance Lawyer Can Help
A compliance lawyer can help you navigate the complex world of HIPAA regulations, which have become increasingly difficult to manage due to the rise of technology and patient demands.
With the legislation passed in 2013, covered entities and business associates are facing new challenges every day. This legislation has led to a surge in federal and state investigations, making it crucial to have a compliance lawyer on your side.
A compliance lawyer can help you get in compliance with HIPAA regulations, which is essential for avoiding costly fines and reputational damage. If you're facing a possible Florida Health and Human Relations/Office for Civil Rights hearing, a compliance lawyer can guide you through the process.
If you're a healthcare professional or facility, a compliance lawyer can help you identify potential internal compliance breaches and fix them before they become major issues. This can save you thousands or millions of dollars, not to mention the public relations disaster that can occur if patient information is compromised.
Sources
- https://www.lowehealthlaw.com/services/florida-lawyer-for-hipaa-compliance-enforcement-audits-and-breach-notification/
- https://floridahealthcarelawfirm.com/hipaa-violation/
- https://melbournelegalteam.com/hipaa-law-attorney-explains/
- http://smithlawtlh.com/hipaa-violations-remedies/
- https://www.shutts.com/industries-health-care
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