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S. Department of Health and Human Services, 2011). Furthermore, subpart C explains the privileges and the protections of confidentiality that is attached to the patient's record along with much exception (U.S. Department of Health and Human Services, 2011).
The penalty for anyone who breaks confidentiality is imperative. In "November, 23, 2009" was increased to $11,000 (U.S. Department of Health and Human Services, 2011). This goes for anyone in the medical field or has access to this information. A person has to follow HIPAA precisely or face a huge fine. If one thought of this ahead of time, whether or not they own a business, then no issues would arise legally. However, sometimes this does occur, especially for those who want to harm another person, yet in the medical field the goal is not to do this to any individual, regardless, otherwise he or she could face losing their license in the process. This is a downfall to HIPAA because not everyone can pay this much and more that goes with the consequences of breaking the law. Ultimately, the choice is up to the individual and hopefully it is the right one.
One needs to understand the education setting in regards to health records. When anyone is "acting on behalf of a school subject to FERPA," this includes a school nurse (U.S. Department of Health and Human Services, 2011). If they have actual medical records that are in that environment, then HIPAA does apply to them. The entity is protected under this law. However, some places do provide services to students that are not under contract (U.S. Department of Health and Human Services, 2011). With these particular circumstances, one has to note that they are not under FERPA, and whether or not they are "on school grounds" (U.S. Department of Health and Human Services, 2011). This is because they are on behalf of another organization. For any reason, a school who wanted to disclose any part of the records would have to comply to FERPA by obtaining the consent from the parents (U.S. Department of Health and Human Services, 2011).
In regards to HIPAA, "even where the student health records maintained by a health care provider are not education records protected by FERPA, the HIPAA Privacy Rule would apply to such records" (U.S. Department of Health and Human Services, 2011). This is the case if a transaction occurred electronically, though. For example, the billing of a specific plan from Blue Cross and Blue Shield that was a service. In this particular scenario, the provider is covered under HIPAA (U.S. Department of Health and Human Services, 2011).
As one can note, education institutions are not exempt from HIPAA. In fact, they have to comply to it as if they were a medical clinic. Since every district has a school nurse, he or she has to comply, especially since a medical record is present within the firm itself. This is unavoidable due to the law and those that are providing services to parents' children year 'round. If a mother or father consents to anything, this has to get done in writing, so that no legal issues arise. This protects the close relative, business and nurse (U.S. Department of Health and Human Services, 2011).
One needs to discuss how the public authorities deal with PHI and HIPAA. The rule does apply to them in order to deal with any threat, such as an emergency or bioterrorism (U.S. Department of Health and Human Services, 2011). "To facilitate the communications that are essential to a quick and effective response to such events, the Privacy Rule permits covered entities to disclose needed information to public officials in a variety of ways" (U.S. Department of Health and Human Services, 2011). Furthermore, covered entities are allowed to give out the PHI without a person's knowledge or authorization to someone who works for the public. This is usually if an emergency arises that requires law enforcement of any kind (U.S. Department of Health and Human Services, 2011).
A state agency is important. When it is not a covered location, then it is not required to comply with HIPAA; however, if anything is disclosed about a public health record, then they are subject to it. However, an agency that is covered HIPAA does have to comply to the disclosure of PHI (U.S. Department of Health and Human Services, 2011). With the privacy law in mind, one has to adhere to "the privacy rule" (U.S. Department of Health and Human Services, 2011). For example, an exemption can occur when there is a "freedom of information law" (U.S. Department of Health and Human Services, 2011).
Now it is crucial to discuss the role of law enforcement in regards to HIPAA. "The Privacy Rule is balanced to protect an individual's privacy while allowing important law enforcement functions to continue" (U.S. Department of Health and Human Services, 2011). Conditions are worth mentioning with those involved in this particular area of public service. When it comes to a warrant that is issued by a judge, the rule does recognize the legality of it and does provide protection of a person's PHI. In regards to the administrative aspect, a subpoena is needed or for law enforcement to have something in writing. This is because when a request is done, one can do so without the involvement of a judge. For police to locate or identify a person, PHI can get used in this particular case (U.S. Department of Health and Human Services, 2011).
Some more information can get reported to those in law enforcement. One can note that this is with a suspect in regards to a crime that was told by the victim. This is covered by the workforce. Anyone who has confessed a crime, HIPAA applies as well, especially if he or she undergoes counseling. If the victim agrees to have PHI disclosed with a requested provided to him or her, then this not used against the individual but used with judgment that is professional (U.S. Department of Health and Human Services, 2011).
The rule applies to those that are victims of abuse of any kind. Law enforcement is not required to use a report as a means for PHI. However, with abuse or neglect, one has to consent, and the law requires one to get information. Professional judgment is a requisite and a notice is possibly needed. PHI may need to get to those in enforcing the law. For example, this could include someone who endured a gunshot wound. At this time, PHI has to get disclosed in order to get proper care to the individual (U.S. Department of Health and Human Services, 2011).
The same applies for someone who has died or the suspicion of it from a criminal (U.S. Department of Health and Human Services, 2011). Medical examiners are to comply so that they can "determine the cause of death, or carry out their authorized duties" (U.S. Department of Health and Human Services, 2011). All of this is done in good faith if something occurred where a person lives for the purpose of PHI. If there is a medical emergency, then one may have to alert those in law enforcement. This is because one has to report the crime with all the necessary details. Regardless, those who enforce the law can do so to prevent crime as well as assist with health matters. One has to note that this is true for federal officials as well when using PHI for health care to get provided to those who need it (U.S. Department of Health and Human Services, 2011). All of them are supposed to use what information is needed for law enforcement purposes. If the entity has the data needed, then those in authority can request the PHI (U.S. Department of Health and Human Services, 2011).
With housing and employment purposes, no one is to endure discrimination in any way in achieving their dreams. HIPAA does not apply to these entities, instead "the Equal Opportunity Commission does when it comes to hiring a person to work for a particular business" (U.S. Department of Health and Human Services, 2011). Regardless, an individual is not to discriminate no matter how many employees work for him or her as well as with their background (U.S. Department of Health and Human Services, 2011). Furthermore, "the U.S. Department of Justice" is important when it comes to anyone wanting to have a home or is stereotyped unjustly (U.S. Department of Health and Human Services, 2011).
The "Social Security Administration" is another business that handles these matters (U.S. Department of Health and Human Services, 2011). They are allowed to make sure that compliance is occurring in conjunction with OCR. This includes technical assistance on ways in which to volunteer PHI with the law. Through this, outreach is done on a nationwide basis in order to reinforce it (U.S. Department of Health…[continue]
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