Ethical Implications of HIPAA Violations in Healthcare Settings

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Discussion Board Post
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This discussion post analyzes a scenario where a COPD clinic nurse, Joyce, downloads patient information to her home computer for a graduate school assignment, raising concerns about HIPAA violations. The post argues that Joyce is incorrect in her thinking, as her actions breach HIPAA's privacy and security rules by accessing sensitive patient data outside of a secure healthcare environment. It emphasizes the importance of administrative, physical, and technical security measures in protecting patient information. The post highlights the potential risks of cyberattacks and unauthorized access, along with the ethical obligations of healthcare providers to ensure data confidentiality. Furthermore, it discusses the potential consequences for Joyce, the patients, and the clinic, including legal penalties and reputational damage. The post references relevant literature to support its claims, including the HIPAA Privacy and Security Rule and the AMA Journal of Ethics, and a case study of UCLA health system's HIPAA violation.
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Running head: DISCUSSION 1
Discussion
Author’s Name
Institutional Affiliation
Course
Instructor’s Name
Date
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DISCUSSION 2
Discussion
Question 1
The security and confidentiality of health records, whether manual or electronic is a key
priority for all healthcare organizations and caregivers. Joyce is wrong in her thinking because
her action is against the provisions of the HIPAA privacy and security rule (HHS, 2011). As a
COPD clinic nurse, she is entitled to specific patient information in her line of duty at the
workplace and not to the data of all patients. HIPPA requires healthcare organizations to observe
administrative, physical as well as technical security of patient data. Her home computer does
not guarantee the physical and specialized security of patient data that is at the core of
guaranteeing patient safety (Harman, Flite, & Bond, 2012). In addition, accessing patient
information at her home rather than at the hospital is a breach of privacy of the patients on her
data.
Question 2
Joyce’s action is not correct. Accessing medical data from her house using her laptop with
low cybercrime protection exposes the data to potential breaches through cyberattacks and
ransomware attacks on insurers and providers of healthcare (Harman, Flite, & Bond,
2012). Doctors and hospitals have the ethical obligation to ensure security, confidentiality,
security, as well as the integrity of patient information in their possession. One should remember
that it is not all about data security; it is about guarding lives (Harman, Flite, & Bond,
2012). Without proper authorization and access procedures to access patient information away
from the facility has high risks of further unauthorized access and any information leak may lead
to damages that would include Joyce losing her job, should the reputation of the organization she
works for come into jeopardy because of her reckless action.
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DISCUSSION 3
Question 3
Under the HIPPA rules, employers are liable for breach of healthcare security and privacy
by their employees. Patient private health information could leak to third parties or the public
and they may suffer from stigma after their health status become public. Her action could
possibly violate the HIPPA rules and could potentially lead to serious consequences such as
criminal and civil penalties for her and her employer as well (HHS, 2011).
For example, the UCLA health system failed to secure its patient information to a reasonable
level in 2011 and as a result, its unauthorized employees accessed celebrities’ health records
(HHS, 2011). Consequently, the organization agreed to settle its protection and security
infringement at an expense of $ 865,000.
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DISCUSSION 4
References
Harman, L. B., Flite, C. A., & Bond, K. (2012). Electronic health records: privacy,
confidentiality, and security. AMA Journal of Ethics, 14(9), 712-719.
US Department of Health and Human Services [HHS]. (2011). University of California settles
HIPAA privacy and security case involving UCLA Health System facilities. Retrieved
ftom http://www. hhs. gov/news/press/201 lptes/07/20110707a. html.
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