What happens if a nurse violates HIPAA law?
Regardless of whether the violation was intentional, serious breaches will result in some sort of action from the Board of Nursing. This may include mandatory training courses or even termination of employment. If it is discovered that the HIPAA violation was intentional, the negligent party may be criminally prosecuted.
Who are nurses required to abide by HIPAA?
HIPAA legislation applies to all those who work in the healthcare sector. Thus, as well as doctors, dentists, administrative staff etc., nurses must also abide by HIPAA.
Can a HIPAA violation be an incidental disclosure?
In her action for unfair dismissal, Hereford claimed this was an ‘incidental disclosure’, which is not a violation of HIPAA Rules. Hereford also obtained the professional opinion of an unemployment insurance referee that a HIPAA violation had not occurred.
Why was nurse Hereford fired for HIPAA violation?
After the procedure the patient filed a complaint, alleging Hereford had spoken sufficiently loudly so that other patients and medical staff in the vicinity would have heard that she had hepatitis C.
What are examples of HIPAA violations?
A few examples of HIPAA violations that are a result from data breaches may include stolen or lost tablets or phones, malware email hacks, improper keeping of unsecured records, lack of employee training, sharing PHI, improper disposal of records, unauthorized release of information, and the sending of unencrypted sensitive data.
What are the HIPAA rules for nurses?
The Health Insurance Portability and Accountability Act (HIPAA), and specifically the Privacy and Security Rules, outline how individuals, including nurses, at covered entities should collect, use and handle protected health information (PHI). The Privacy Rule requires that covered entities limit the circumstances where PHI may be used or disclosed.
What is a violation of HIPAA?
A HIPAA violation is a failure to comply with any aspect of HIPAA standards and provisions detailed in detailed in 45 CFR Parts 160, 162, and 164.