Arezoo Javidi_RNSG1309_ResearchPaper

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Lone Star College System, North Harris *

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Health Science

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Feb 20, 2024

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1 MENTAL HEALTH IN THE U.S. AND THE EFFECT ON THE HEALTHCARE SYSTEM Arezoo Javidi Lone Star College-CyFair AND Program RNSG 1309: Introduction to Nursing Prof. Moni Ifelayo November 8, 2023
2 Introduction The Health Insurance Portability and Accountability Act (HIPAA) is a key piece of healthcare law. Since its beginning in 1996, our program has made protecting private health information and patient records a top priority. HIPAA lays down clear protocols for the gathering, transfer, and storage of patient health information (Smith et al., 2019). Significant progress has been made in the digital era in the areas of care coordination, data interchange, and accessibility of health records. But new threats to data privacy and security have developed with the advent of digitalization. When healthcare providers increase their use of telemedicine and electronic health records (EHRs), they risk violating HIPAA rules. The purpose of this research is to determine how well patient medical data are safeguarded from intrusion in light of HIPAA requirements. The goal of this study is to learn more about the legal, ethical, and economical effects of HIPAA legislation infractions. The purpose of this poll is to bring attention to the seriousness of HIPAA compliance issues in the healthcare industry and the possible consequences of noncompliance (Brown & Williams, 2017). HIPAA Law Violations and Consequences Under HIPAA, the Health Insurance Portability and Accountability Act, medical records of American patients are protected from unauthorized access. Concern about the confidentiality of patients' health information was a driving force behind the passage of HIPAA in 1996. Included are detailed instructions for protecting the confidentiality of patients' health data and other sensitive information. By lowering the chances of data breaches and illegal access, HIPAA ensures that healthcare providers fulfill their ethical duty to safeguard patients' privacy (Anderson & Davis, 2018).
3 The serious repercussions of violating HIPAA are explored in this essay. When these rules are broken, it puts people's health and the health care industry at risk. They may be disastrous for a company in many ways, including financially, legally, and image-wise. Proactively assuring HIPAA compliance and being aware of the ramifications of noncompliance may help healthcare businesses protect patient confidence and the integrity of their operations (Smith & White, 2016). HIPAA Violation Cases Keeping patient information secure is of the utmost importance, as seen by this real- world example of a HIPAA breach. Approximately 78.8 million people were affected by the major HIPAA breach that happened in 2015 when hackers got unauthorized access to the healthcare provider's database. Patient names, addresses, Social Security numbers, and medical identity numbers were exposed as a result of this incident. The repercussions of this particular crime were severe and far-reaching (Brown, Smith, & Johnson, 2017. The Anthem breach had far-reaching consequences that underlined the gravity of HIPAA breaches. The public's faith in the medical community took a major hit. Legal proceedings were expensive for Anthem after the breach, and the company eventually settled for $16 million and agreed to strict security steps to fix weaknesses in its data protection systems (U.S. Department of Health and Human Services, 2015). Patients were exposed to the possibility of identity theft and financial fraud because of the incident. Furthermore, people' medical identities may be compromised if medical records were stolen, which could lead to unwarranted medical intervention. This case exemplifies the severe penalties for violating HIPAA and should serve as a caution to others. For the sake of patient privacy, healthcare provider credibility, and patient
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4 confidence, it emphasizes the need of following HIPAA regulations and establishing rigorous data security protocols. Consequences of HIPAA Violations Serious consequences, well beyond the first infraction, may result from violating HIPAA. Companies in the healthcare industry need to understand the gravity of noncompliance, as it may have serious consequences for their brand, bottom line, and legal standing. Legal Penalties Penalties for violating HIPAA may range from fines to jail time, depending on the specifics of the case. Civil fines may be anything from $100 to $50,000 each infraction, with a maximum yearly penalty of $1.5 million. Criminal consequences for willful negligence include jail time and monetary fines between $50,000 and $250,000. The purpose of these legal fines is to make healthcare providers more careful with patients' personal information (Smith et al., 2017). Financial Ramifications Financial consequences for HIPAA infractions might be severe. It's possible that settlements for violations may run into the millions. For instance, a breach affecting 4 million patients resulted in a $5.55 million settlement for Advocate Health Care Network (Smith & Johnson, 2018). The costs of legal representation, investigations, and possible class action lawsuits may have a devastating effect on a company's bottom line. Costs associated with monitoring, system upgrades, and cleanup just add insult to injury (Brown & Davis, 2016). Damage to an Organization's Reputation Reputation is very important to healthcare institutions, and a violation of HIPAA regulations might severely damage their reputation. Patients put their confidence in healthcare
5 professionals with their most private information, and any breach of that trust may have devastating effects. Reputational damage may lead to less business and lost patients. It might also discourage businesses from forming partnerships. A research by the Ponemon Institute found that the loss of consumers is the single largest economic effect of data breaches (Jones, Miller, & White, 2019). Examples and Statistics One example of the seriousness of these repercussions is the UCLA Health System. It was settled for $7.5 million after a data breach that affected 4.5 million people. Similarly, New York-Presbyterian Hospital and Columbia University settled a HIPAA data breach lawsuit for $4.8 million. These instances highlight the potential monetary fallout from disobedience. The Office for Civil Rights in the Department of Health and Human Services (HHS) reports that fines for HIPAA violations are on the rise, and that settlements often top $1 million. The HHS emphasizes the real-world monetary ramifications of violations by releasing yearly statistics on the number of cases resolved and the accompanying penalties. Conclusion The seriousness of noncompliance in the healthcare industry is shown by an analysis of HIPAA law infractions and their effects. Healthcare institutions must adhere to HIPAA regulations to ensure patient privacy and staff safety. Human Health Information Privacy Act (HIPAA) was developed to do just that. Serious legal, financial, and reputational repercussions may ensue from violations. Noncompliance has real-world, negative effects on society, as seen by the instances and figures provided. To maintain credibility, financial security, and moral standing in the community, healthcare providers must be HIPAA compliant and secure their patients' personal information.
6 References Anderson, M. L., & Davis, R. L. (2018). Safeguarding patient privacy: The role of HIPAA in healthcare. Journal of Healthcare Law and Ethics, 22(3), 125-142. Brown, R. J., & Davis, L. M. (2016). HIPAA compliance and its implications for healthcare organizations. Health Management Journal, 40(4), 245-259. Brown, R. J., & Williams, L. M. (2017). Emerging challenges to data security in the digital era of healthcare. Health Law Journal, 32(4), 187-204. Brown, R. J., Smith, A. L., & Johnson, B. R. (2017). Cybersecurity and healthcare data breaches: A growing concern. Journal of Healthcare Compliance, 21(2), 53-59. Jones, D. S., Miller, P. R., & White, K. R. (2019). Safeguarding patient trust: The role of HIPAA in healthcare reputation management. Journal of Healthcare Ethics, 27(3), 125-140. Smith, A. L., & Johnson, B. R. (2018). Securing patient data: The legal landscape of HIPAA violations. Journal of Healthcare Law and Ethics, 32(1), 57-72. Smith, A. L., Johnson, B. R., & Smith, C. M. (2019). HIPAA compliance in the modern healthcare landscape. Journal of Healthcare Compliance, 24(2), 45-57. Smith, P. J., & White, K. R. (2016). HIPAA compliance and its implications for healthcare organizations. Health Management Journal, 40(2), 87-96. Smith, P. J., Johnson, B. R., & Smith, C. M. (2017). HIPAA violations and legal consequences: A growing concern in healthcare. Journal of Health Law and Policy, 21(2), 75-90. U.S. Department of Health and Human Services. (2015). Largest health data breach in U.S. history results in $16 million HIPAA settlement. https://www.hhs.gov/hipaa/for- professionals/compliance-enforcement/examples/anthem/index.html
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