New HIPAA Regulations Requiring Notification

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Today the Department of Health and Human Services released new regulations concerning privacy breaches.

New regulations requiring health care providers, health plans, and other entities covered by the Health Insurance Portability and Accountability Act (HIPAA) to notify individuals when their health information is breached were issued today by the U.S. Department of Health and Human Services (HHS).

This, of course, could open health care workers to civil lawsuits in serious breaches. Previously, a covered entity was not required to air its dirty laundry.

These new regulations were required as part of American Recovery and Reinvestment Act of 2009, also known as the stimulus package.

http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/breachnotificationifr.html

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Today the Department of Health and Human Services released new regulations concerning privacy breaches.

This, of course, could open health care workers to civil lawsuits in serious breaches. Previously, a covered entity was not required to air its dirty laundry.

These new regulations were required as part of American Recovery and Reinvestment Act of 2009, also known as the stimulus package.

http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/breachnotificationifr.html

Its funny what the government adds into these stimulas package.

yeah lets help the economy by patients sewing over the littleist thing...what a load of crap!!!!!!!

:heartbeatTricia:heartbeat

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Its funny what the government adds into these stimulas package.

yeah lets help the economy by patients sewing over the littleist thing...what a load of crap!!!!!!!

:heartbeatTricia:heartbeat

"The littlest thing"?? I wonder how you'd like it if it were your privacy that was violated.

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I believe if you added up the number of time VA, SSA and the IRS exposed peoples private information to the public (mostly by accident, as in lost lap tops) you would find that the numbers far exceed those incidents where the health care business was at fault. The federal government needs to clean it's own house before it yells about other people's dirty laundry. Just think what is on one disk or one lap top that gets left in a car by a high ranking Social Security administration official and the car subsequently get stolen. It has happened folks, a couple of time it has happened, plus it has happened to every government agency.

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Specializes in Emergency.
I believe if you added up the number of time VA, SSA and the IRS exposed peoples private information to the public (mostly by accident, as in lost lap tops) you would find that the numbers far exceed those incidents where the health care business was at fault. The federal government needs to clean it's own house before it yells about other people's dirty laundry. Just think what is on one disk or one lap top that gets left in a car by a high ranking Social Security administration official and the car subsequently get stolen. It has happened folks, a couple of time it has happened, plus it has happened to every government agency.

ANd the bad thing is typically unless its gross negligence the govt cant be sued.

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Specializes in ICU/Ortho/Med surg.

Hey, this is great news. Maybe I should just go back to school and get my law degree.I could retire in 5 years from all the money I would make on frivilous lawsuits. Hey, wait...I could maintain my RN Licensure, access my own patient records, get fired, and then sue the hospital for breaching my own confidentiality!... because they HAVE to report it, right? My rights have been sooo violated! :smokin: Improvise, adapt, and overcome!

just kidding, but does anyone besides me see the slippery slope this has created?

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Specializes in Cardiac.
Hey, this is great news. Maybe I should just go back to school and get my law degree.I could retire in 5 years from all the money I would make on frivilous lawsuits. Hey, wait...I could maintain my RN Licensure, access my own patient records, get fired, and then sue the hospital for breaching my own confidentiality!... because they HAVE to report it, right? My rights have been sooo violated! :smokin: Improvise, adapt, and overcome!

just kidding, but does anyone besides me see the slippery slope this has created?

The best career plan I've ever heard. If ppl are so worried about their privacy while in the hospital then we should have locked units where no visitors are allowed to come in. We should not be able to update family members over the phone either. God forbid that person we talk to really isn't the POA.

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Specializes in Med/Surg, Corrections.
The best career plan I've ever heard. If ppl are so worried about their privacy while in the hospital then we should have locked units where no visitors are allowed to come in. We should not be able to update family members over the phone either. God forbid that person we talk to really isn't the POA.

You should not update family members on the phone if your hospital has a proper policy in order. Only those people with a pin number given to them by their family member is allowed to call or inquire in person about the patient at my hospital. This really isn't something to be taken lightly. Just because the govt needs to clean house doesn't mean we should not be strict on privacy laws. We recently fired 2 RN's for violations to HIPPA. One violation caused a huge physical fight in the hospital which resulted in a restraining order. It is really no light matter. Reasonable care is all that is needed.

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This is great. Stricter policies will come from our admins on how to protect privacy by not giving out info. Then we'll get blamed for worse customer service scores because we weren't nice to the visitors by telling them everything they wanted to know. Once again, another fabulous reason for nurses to get caught between a rock and a hard place of things that have absolutely nothing to do with REAL patient care.

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I can see both points of view. I once worked at a hospital where my department was told by an administrator that a nurse was pregnant before she even saw the results. It disgusted me. This was pre-HIPAA but this is why it came to be.

It is no different from an institution notifying you that your financial information had been breached. We have the right to know these things. I got a letter not too long ago from my alma mater that their secure system with my SS# and credit card info. in it was breached. I was able to start a fraud alert to protect myself. Medical fraud is big business. Have your breast implants under some poor schmuck's insurance which then denies the bill and the poor schmuck gets the bill! Crazy!

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