Plaintiff’s amended complaint therefore asserted three causes of action: common law invasion of privacy based on harmful public disclosure of private facts, medical malpractice based on the improper disclosure, and violation of the AIDS Assistance Act. … [Read more...] about Is Doctor’s Disclosure of Patient’s HIV-Positive Status Medical Malpractice?
Violation of hippa laws
The case is significant because it represents one of the first Massachusetts enforcement actions against an out-of-state entity under both Massachusetts regulation 201 C.M.R. 17.00 and the new provisions of the Health Information Technology for Economic and Clinical Health (“HITECH”) Act. The HITECH Act provides state attorneys general with the authority to enforce out-of-state violations of HIPAA, including disclosure of Protected Health Information (“PHI”), on behalf of state residents. Thus, this case also represents the continued efforts of state attorneys general to use their relatively new enforcement power to enforce HIPPA under HITECH. … [Read more...] about Massachusetts Enforces Data Security Regulations Against Out-of-State Entity
Although many employee benefit plans had relied on the DOMA definition of marriage, it would appear that employers whose plans are governed by ERISA continue to be able to design their benefit plans to define “spouse” for benefit eligibility purposes as they wish. However, the DOMA decision now recognizes federal rights for same-sex spouses. Thus, an employer could have a situation in which same-sex spouses are not eligible for coverage under the health plan but are recognized as having spousal rights under the retirement plan. … [Read more...] about Employee Benefit Implications of the Supreme Court Ruling on the Defense of Marriage Act (DOMA)
DHHS bulletins on this subject expressly state that a Covered Entity under HIPAA may discuss a patient's protected health information with a patient's family, friends or others involved in the patient's care even if the patient is not present or if the patient is incapacitated. The only restriction is that when someone other than a friend or family member is involved, the Covered Entity must be reasonably sure that the patient asked that person to become involved in his or her care or payment for care, and may discuss only the information that the person needs to know about the patient's care or payment. … [Read more...] about HIPAA-Phobia with Friends and Family: Understanding Is the Cure
As a result of the egregious HIPPA violations, the Hospital agreed to pay $387,200 to HHS and agreed to a three-year corrective action plan requiring the Hospital to routinely review and revise its policies and procedures regarding its handling of PHI. The OCR may have come down hard on the Hospital due to the hypersensitivity of the information disclosed. The settlement provides as a reminder that it is important to have HIPAA policies, procedures, and training in place to ensure compliance for protection of PHI and mitigation of damages caused by improper disclosure. … [Read more...] about Impermissible Disclosure of Sensitive PHI Comes with Hefty $387,200 Price Tag