Discussion Post 3

(Student Name: Glenda Betancourt)

HIPPA for Behavioral Health Professionals

Health Insurance Portability and Accountability Act of 1996 divides in five sections:

Title II: Administrative Simplification

Title III: Tax-Related Provision

Title IV: Application and Enforcement Group Health Plan Requirements

Title V: Revenue Offsets

The department requires rules summarize HIPPA requirements:

Breach Notification Rule

Enforcement Rule

Privacy Rule

Security Rule

Transactions and Codes Sets Rule

Unique Identifier Rule

Privacy which protects the privacy of a client health care date including genetic information.

Security which controls the confidentiality of electronically protected health information or ePHI, including how it is stored and accessed and Electronic Data Exchange which defines the format of electronic transfers of information between providers and payers to carry out financial or administrative activities related to health care include coding, billing, and insurance verification.

PHI is individually identifiable health information that relates to the past, present or future physical or mental condition, information can be used to identify the Client and payment for the provision of health care to a client. It is transmitted or maintained in any form of electronic, oral or paper. HIPPA does allow you to use or disclose PHI as long as it relates to Treatment, Payments or Operations.

Another key element of protecting our client’s it’s the security internal system which you can transmit electronic under HIPPA security rule.

The 2013 Omnibus Rule enhances client privacy rights and protections; the HIPPA Privacy and Security protections regardless of whether the information is being held by the Department or our business associates. Omnibus requires the Department to maintain and apply Sanctions for HIPPA violations. So if you do not adhere to HIPPA laws and policy you put yourself at risk. This can include termination and criminal penalties up to $250,000 and up to 10 years in prison. Possible violations should be investigated, managed, documented and addressed so they can be prevented in the future. The Department may no intimidate, coerce, discriminate against or take other retaliatory action against anyone who in good faith reports a violation.

Works Cited

HHS.gov. (2016). Retrieved from Health Information Privacy: https://www.hhs.gov/hipaa/for-individuals/guidance-

materials-for-consumers/index.html

(Student Name: Maria Gonzalez)

Criminal Acts

The law and medicine have been associated and are used to protect the rights and responsibilities of

medical professionals and their patients. The main areas of focus of medical law are confidentiality, negligence and

other torts. (HG , 2019)

In the recent years criminal law and ethics have very large role in medical law, the number of criminal

investigations that involved medical professionals has increased. Is important to understand the difference between

crimes, there are two types and this depends of the severity of a crime. The first one is misdemeanor this is

considered and offense but is less serious than a felony and carries a lesser penalty with imprisonment. The second

one is Felony is considered a crime declared by the statute, is more serious than a misdemeanor and deserving of a

severe penalty with imprisonment longer than one year.

Some of the crimes that are considered a felony are robbery, murder, attempted murder,

euthanasia, manslaughter, conspiracy, larceny and abuse. One of the most controversial is abuse and to

report them on time, as a health care provider are mandate to inform and file a report of any suspicion of

any type of abuse of their patient, any failure to report this can cause not only harm but will be sentenced

by the law. Unfortunately exists a large number of physicians convicted of crimes and this has become a

major concern for the medical profession and the general public.

References

Medical Law. (n.d.). Retrieved from https://www.hg.org/medical-law.html

Flight, M. R., & Meacham, M. R. (2010). Law, Liability, and Ethics for Medical Office

Professionals (6th ed.). Boston, MA: Cengage Learning.