A HIPAA violation lawyer is a lawyer who is knowledgeable in all components of the law and also in civil proceedings. A HIPAA violation lawyer can aid in this process by ensuring that anyone in such cases files a formal complaint with the Department of Health and Human Services Office for Civil Rights (OCR).
This counsel can assist anyone who has been the target of an infringement of security or privacy rules by submitting a state court civil suit for them. HIPAA is an abbreviation for the Health Insurance Portability and Accountability Act, which governs medical privacy. This regulation covers medical patients’ privacy such as the use of their private information.
When you’re a medical professional, vendor, institution, or single person associated with a Health Insurance Portability and Accountability Act violation, it is imperative you seek legal counsel. A HIPAA violation lawyer aims to clarify to a client if the information given could lead to its violation.
A patient, for instance, may find out that a physician has disclosed their health history with some other physicians within the same clinic for healthcare reasons. The patient could verify from the HIPAA violation lawyer if the information exchange is unlawful.
The HIPAA violation rule restrains the utilization, publication, or communication of protected health information (PHI) without formal patient authorization.
One exemption to this general principle is the exception for “diagnosis, billing, and healthcare operations. In that exception, a physician might share a patient’s PHI with another physician when required for therapeutic applications, before obtaining written permission from the patient.
The HIPAA violation counsel must know the regulations and their exclusions. The council can help the client put out a claim with HHS’ Office of Civil Rights. The counsel can draft a claim that cites the specific laws. It can also help the client provide other information that the OCR may require.
Top Reasons Why You Need a HIPAA Violations Lawyer
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Inadequate Employment Training
Having personnel that is HIPAA compliant is a demonstration of the thoroughness of staff members; however, it is the outcome of topmost management’s training. A significant number of behavioral health practices don’t meticulously engage staff in HIPAA compliance procedures.
Clear compliance matters will not be a dilemma if appropriate or meticulous HIPAA training is provided. Note that being prompt and tutoring staff members on everything related to HIPAA compliance will make the practice secure.
A Lost or Stolen Device Without Encryption
Misplaced or stolen gadgets can lead to stealing or gaining unlawful access to PHI, which represents one of the most prevalent HIPAA violations. Financial penalties of up to $1.5 million– per violation category, per year violation, is usually permitted.
If unpermitted access is granted to a laptop, tablet, or phone that is connected to patient data, there is a concern. Mobile phone devices and tablets are ubiquitous among behavioral health professionals, both inside and outside the office. It’s easy to be laid back with them, despite the confidential material they hold when used for professional reasons.
Many individuals are susceptible to overlooking phones, keeping them unsupervised, or not password-protecting them, particularly in a pleasant atmosphere like an office. If the wrong individual gains custody of the mobile and the PHI, that carelessness can have serious consequences.
Improper Disposal Of PHI
HIPAA privacy rule necessitates the comprehensive disposal of PHI. Patients are more likely to have their confidential information compromised if this is not done. So workers must shred or decimate patient records when getting rid of PHI.
It is critical to remember to erase patient data or PHI from local and portable device hard drives if they had been kept in electronic format. Better staff training would help guarantee that PHI is safeguarded and confidential from the time it is created until it is discarded.
Breaches of Databases
Considering the massive scale on which a lot of them occur, data breaches tend to receive the greatest attention of all disclosed HIPAA violations.
Data breaches cost the healthcare industry over $6.2 billion each year. Since every institution is prone to hacking, it is critical that every health management takes database breaches intensely and put in place measures to safeguard against them.
Gossiping and Sharing Information
Discussions among workmates are usually not a problem, but this is most often not the case in healthcare. Physicians will always have to communicate clinical conditions, treatment options, and prescription drugs. While it may appear to be innocuous, mentioning patient records with non-medical practitioner employees can jeopardize a patient’s confidentiality and lead to monetary repercussions for the practice.
Noncompliance with HIPAA can lead to unimaginable financial penalties. As a result, any legal team trying to handle PHI will need to be concerned with potential HIPAA violations and how to avert them. If the law has a limitation period, the counsel also must inform the customer of the amount of time the client has left to submit the claim.