A Simple Summary About » Employment Law Hipaa Coupled With Other Research
[mage lang="" source="flickr"]employment law hipaa[/mage]
Anyone know about HIPAA laws and employment?
I work in a medical office and the other day one of our doctors appearently left a message on a machine with health information. It was the wrong number in the computer one that was the patients family member they used to live with. My question here is I as the receptionist forgot to verify the phone number I guess when they registered. It was an honest mistake on my part I get very busy. The employer upset with ME. Can I lose my job over this or is it the doctor who is responsible?
There are two parts to HIPPA enforcement. One is criminal and the other civil. In criminal enforcement the DOJ is the responsible governmental enforcement agency.
According to the DOJ, only two categories of entities can be held criminally liable under HIPAA:
1. Covered entities (health plans, health care clearinghouses, certain health care providers, and prescription drug card sponsors); and
2. Certain directors, officers, and employees of covered entities, but only to the extent such liability would comport with general principles of corporate criminal liability.
The only federal criminal liability the employee might face would be under conspiracy or aiding and abetting laws. However, the DOJ has prosecuted a Seattle man (who was an employee of a HIPPA provider) that used patient information for personal gain.
However, Civil Litigation is becoming more visible as attorney's and the general public develop a understanding of patient rights under HIPPA.
As your question implies you understand that your employer has liability. That there was a procedure in place to protect patients health information (as required by HIPPA) and you chose to ignore that procedure because you got "busy."
It is unlikely that you would have personal liability from a criminal standpoint and from a civil standpoint it is doubtful your earnings as a receptionist would be sufficently "deep" to attract civil litigation. However, due to your negligence your employer is liable. You have placed him in a position where the only realistic defense is 1) he had written process and procedures, 2) which you violated and he terminated you for such violation (showing both his concern and diligence in enforcing HIPPA requirements within his office).
Finally, your office policy (assuming your policy is leaving detailed messages of someones health care on a answering machine as your question implies) should be re-examined. I believe you will find that the risk of such conduct is greater than the benefit. (As demonstrated by your recent HIPPA violation). Perhaps a better policy would be to simply leave a message to call Dr. ____.
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