healthcare attorney who knows hipaa

Who is required to comply with HIPAA laws?

Our national healthcare compliance attorneys — who specialize in HIPAA violations, HIPAA reporting, and HIPAA privacy matters, and are based in Michigan, Florida, and California — will help you with an investigation into the breach and getting notifications sent out in a timely manner to those impacted. Contact Form Call: 877.234.5911

How to find a HIPAA violation lawyer?

You may face civil penalties for violation of the first four levels of disclosing which is every level besides knowing. The penalties for violations ranges between $100-$50,000 for each violation of HIPAA with a annual cap between $25,000 and $1,500,000. The minimum for each level of violation goes up for each charge.

Who prosecutes violations of HIPAA?

Doctors and other healthcare professionals have a duty to protect the privacy and confidentiality of patient medical and personal information. If there is a HIPAA violation with patient medical information, then you should talk with our California and Nevada legal healthcare experts that know the laws on HIPAA violations.

Who to file complaint with Hippa violation?

Oct 15, 2013 · Healthcare attorney watches clients’ HIPAA needs evolve By Patrick Ouellette October 15, 2013 - Healthcare attorney Susan Miller, JD, has a range of experiences in working with HIPAA covered...

What are 3 common HIPAA violations?

The 5 Most Common HIPAA ViolationsHIPAA Violation 1: A Non-encrypted Lost or Stolen Device. ... HIPAA Violation 2: Lack of Employee Training. ... HIPAA Violation 3: Database Breaches. ... HIPAA Violation 4: Gossiping/Sharing PHI. ... HIPAA Violation 5: Improper Disposal of PHI.Mar 19, 2018

What can I do about a HIPAA violation?

Filing a Complaint If you believe that a HIPAA-covered entity or its business associate violated your (or someone else's) health information privacy rights or committed another violation of the Privacy, Security, or Breach Notification Rules, you may file a complaint with the Office for Civil Rights (OCR).

How do you prove a HIPAA violation?

Your complaint must:Be filed in writing by mail, fax, e-mail, or via the OCR Complaint Portal.Name the covered entity or business associate involved, and describe the acts or omissions, you believed violated the requirements of the Privacy, Security, or Breach Notification Rules.More items...

What are the 10 most common HIPAA violations?

Top 10 Most Common HIPAA ViolationsHacking. ... Loss or Theft of Devices. ... Lack of Employee Training. ... Gossiping / Sharing PHI. ... Employee Dishonesty. ... Improper Disposal of Records. ... Unauthorized Release of Information. ... 3rd Party Disclosure of PHI.More items...•Dec 3, 2016

Who should be contacted for any violations of HIPAA?

Healthcare employees who discover a HIPAA violation in the workplace should report the incident to their supervisor or their HIPAA Privacy Officer in the first instance.Oct 2, 2021

Is gossiping a HIPAA violation?

HIPAA violations are serious. Employees must not gossip or discuss their patients. Unfortunately, it is human nature to do so, so many people will find themselves engaging in it every once in a while. Train your employees to understand that this is a HIPAA violation.Nov 8, 2021

What are HIPAA compliance requirements?

General RulesEnsure the confidentiality, integrity, and availability of all e-PHI they create, receive, maintain or transmit;Identify and protect against reasonably anticipated threats to the security or integrity of the information;Protect against reasonably anticipated, impermissible uses or disclosures; and.More items...

What happens after a HIPAA complaint is filed?

After the investigation, OCR will issue a letter with the results of the investigation. If it's found that you, the practitioner, did not comply with the HIPAA rules, then you must agree to 1) voluntarily comply with the rules, 2) take corrective action if necessary, and 3) agree to a resolution.Jun 17, 2021

What happens if someone accidentally or unknowingly violates the privacy rule?

The minimum fine for willful violations of HIPAA Rules is $50,000. The maximum criminal penalty for a HIPAA violation by an individual is $250,000. Restitution may also need to be paid to the victims. In addition to the financial penalty, a jail term is likely for a criminal violation of HIPAA Rules.Jan 3, 2022

What is a HIPAA violation in healthcare?

What is a HIPAA Violation? The Health Insurance Portability and Accountability, or HIPAA, violations happen when the acquisition, access, use or disclosure of Protected Health Information (PHI) is done in a way that results in a significant personal risk of the patient.Jul 3, 2018

What is considered PHI under HIPAA?

HIPAA defines PHI as data that relates to the past, present or future health of an individual; the provision of healthcare to an individual; or the payment for the provision of healthcare to an individual.

Does HIPAA apply to private individuals?

HIPAA does not protect all health information. Nor does it apply to every person who may see or use health information. HIPAA only applies to covered entities and their business associates.Feb 1, 2015

Who handles HIPAA violations?

When there is a reported case of a HIPAA violation, it is usually the Department of Health and Human Services (HHS) that investigates violations. HHS usually deals with most of the civil violations, but if there were a suspected criminal violation of HIPAA, then the Department of Justice (DOJ) would handle the charges.

What to do if you are suspected of violating HIPAA?

If you are suspected of having violated HIPAA, speaking to a lawyer at the Health Law Group should be your first step. Being proactive and working with your attorney you may be able to avoid charges or lessen the severity of these charges.

Why is HIPAA important?

The security of a patient’s confidential information is important in the field of medical practice because communications are private between a patient and their doctor.

What is the Health Law Group?

The Health Law Group helps all kinds of healthcare providers, maintain compliance with the privacy and security sections of the Health Insurance Portability and Accountability Act, or as it is commonly known, HIPAA. This act and the rules that have been promulgated under it make it illegal to disclose personal information of patients.

How much is the penalty for HIPAA violations?

The penalties for violations ranges between $100-$50,000 for each violation of HIPAA with a annual cap between $25,000 and $1,500,000.

Why was a woman sentenced to 2 years in Anchorage?

Woman In Anchorage, Alaska Shares Patient Information. In 2015, a woman in Anchorage was sentenced to 2 years for violating HIPAA. She gave her co-defendant medical records of patients in order to victimize these patients.

What is HIPAA in healthcare?

An Overview of HIPAA. The Health Insurance Portability and Act (HIPAA) sets national security regulations for healthcare providers to protect information of their patients. When a patient goes to a doctor, they share a variety of confidential information that is protected by HIPAA. Disclosing this information can lead to violations.

What is a business associate under HIPAA?

A business associate is generally defined as any person or entity who “creates, receives, maintains, or transmits” protected health information in the course of performing services on behalf of a covered entity. [3] Additionally, a subcontractor of a business associate that has access to PHI in performing services on behalf of a business associate will also be deemed a business associate for purposes of HIPAA compliance. [4] This means that an attorney performing legal services for a covered entity or as a subcontractor of a business associate, where the legal services involve the access, use, or disclosure of PHI by the covered entity or business associate, will be deemed a business associate and must comply with HIPAA.

What are the rules for HIPAA?

HIPAA’s Privacy and Security Rules set the standards for when PHI may be used and disclosed as well as those requirements that covered entities and business associates must implement to protect the confidentiality, integrity, and availability of electronic PHI. [18] Most of HIPAA’s Privacy Rule provisions do not apply directly to business associates, but instead apply indirectly, as a business associate is not permitted to use or disclose PHI in a manner that would violate HIPAA if done by the covered entity itself. [19] Generally, HIPAA prohibits a covered entity from using, accessing, or disclosing PHI without the individual’s valid, HIPAA-compliant authorization unless the use or disclosure fits within an exception. [20]

How much is a fine for non compliance with HIPAA?

[6] . Fines can range anywhere from $119 to $58,000 per violation.

What is a BAA agreement?

[10] These written satisfactory assurances between a covered entity and business associate are referred to as a business associate agreement (“BAA”).

Does HIPAA apply to business associates?

Most of HIPAA’s Privacy Rule provisions do not apply directly to business associates, but instead apply indirectly, as a business associate is not permitted to use or disclose PHI in a manner that would violate HIPAA if done by the covered entity itself. [19] .

What is a business associate?

A business associate is required to obtain a BAA from any subcontractor the business associate utilizes to assist with performing services on behalf of a covered entity that will have access to PHI. [15] Therefore, if an attorney business associate enlists a person or entity, such as a jury expert or investigator, or even a cloud-based service provider, to assist with performing services on behalf of the covered entity, the attorney must execute a BAA with that subcontractor to ensure the subcontractor will also comply with HIPAA. The subcontractor then becomes a business associate themselves. [16]

Can an attorney use an unencrypted email?

Additionally, they may utilize an unencrypted email service to transmit information within or outside the firm. While these general processes may be appropriate under general confidentiality standards applicable to attorneys, they may not comply with heightened obligations for safeguarding PHI under HIPAA.

What is a HIPAA Violation Lawyer? An Issue-Spotter

The main function of a HIPAA violation lawyer is to explain to a client whether the facts a client gives the HIPAA lawyer amount to a HIPAA violation. For the HIPAA violation lawyer to give the explanation, the lawyer must be able to recognize potential issues.

Do you have an effective HIPAA compliance program? Find out now by completing the HIPAA compliance checklist

The HIPAA violation lawyer should also know that one exception to this rule is the “treatment, payment, and healthcare operations” exception. Under this exception, a doctor may share a patient’s PHI with another doctor when necessary for treatment purposes, without first having to obtain patient written authorization.

What is a HIPAA Violation Lawyer? Lawsuits

Of course, as night follows the day, HIPAA violation lawyers file lawsuits on behalf of their clients.

Ben Fenton Quoted in Hospice News Article About Major Hospice & Home Health Acquisition by LHC Group

Ben Fenton was recently quoted in Jim Parker’s Hospice News article “LHC Group Buys Hospice, Home Health Assets in 22 States from HCA-Brookdale Venture.”

Understanding Home Health Care Billing

Setting up and managing a billing system for your health care business can be an arduous process. Fenton Law Group has helped in these cases.

How to Keep Your Home Health Care Agency Compliant

When it comes to home health care compliance, you need a specialized legal team at your side.

What is the HIPAA Privacy Rule?

The HIPAA Privacy Rule places restrictions on a covered entity’s use and disclosure of PHI. Specifically, the Privacy Rule prohibits PHI disclosure to unauthorized people. Therefore, for a HIPAA power of attorney or healthcare proxy to be validly executed by an individual, that individual must be an “authorized person” to whom disclosure can be ...

What is a HIPAA proxy?

A HIPAA power of attorney, is an agent the patient appoints, who then, by the terms of the power of attorney, may act to make medical decisions on the patient’s behalf if the patient is incapacitated.

What is a POA in healthcare?

A power of attorney (POA) allows someone an individual designates (the person designated is known as the “agent” or “attorney-in-fact”) to make decisions for him or her if he or she becomes incapacitated. This document is sometimes referred to as a healthcare proxy.

What does a power of attorney mean?

The power of attorney should indicate that the person named as the agent or proxy is also the patient’s “personal representative” for purposes of HIPAA. The power of attorney language may also indicate that the agent may exercise all rights that HIPAA (including the Privacy Rule) allows him or her to exercise, for purposes ...

What is a personal representative?

A personal representative is defined as a person designated by the patient to act on behalf of the patient in making healthcare decisions. Under HIPAA, the personal representative may be, but need not be, a family member. The power of attorney should indicate that the person named as the agent or proxy is also the patient’s “personal ...

What is Clearwater consulting?

Clearwater also provides expert consulting services for assisting companies, private equity firms, and other organizations with HIPAA and cybersecurity diligence during or following a merger or acquisition. Our 10-point Cybersecurity and HIPAA Compliance Assessment provides a broad program review, identifies key gaps, and provides a recommended prioritized tactical plan to resolve key deficiencies and establish and implement a best-in-class HIPAA Compliance and Cyber Risk Management Program. This assessment is highly attractive, as it can be completed in less than 30 days for a fixed cost and delivers a Board-ready executive-level Findings, Observations, & Recommendations (FOR) presentation. Learn more about Clearwater's M&A Diligence Solutions

What is Clearwater's technical evaluation?

Technical evaluations in the form of penetration testing, vulnerability assessments, web application testing, and security awareness assessments are all best practices and required under HIPAA. Clearwater has the expertise and tools and is ready to perform these technical evaluations for your clients, providing them with a report that details any issues identified and, more importantly, recommendations on how to fix them. Learn more about Clearwater's Technical Testing Services