Cyber law and policy

11/20/2020 Originality Report

https://safeassign.blackboard.com/api/v1/submissions/83d48182-daac-d1bd-2e04-5dc6bf7ea24f/report?access_token=f8f4d659-4081-447d-99c9-cd5… 1/5

%23

%16

%1

SafeAssign Originality Report Cyber Law and Policy • Case Study 3.1

%40Total Score: Medium risk Mudasir Mohammed

Submission UUID: 83d48182-daac-d1bd-2e04-5dc6bf7ea24f

Total Number of Reports

1 Highest Match

40 % case study 3.1.docx

Average Match

40 % Submitted on

11/18/20 03:41 PM EST

Average Word Count

1,347 Highest: case study 3.1.docx

%40Attachment 1

Global database (8)

Student paper Student paper Student paper

Student paper Student paper Student paper

Student paper Student paper

Internet (3)

distancelearningconnection hipaajournal markkennedylaw

Institutional database (1)

Student paper

Top sources (3)

Excluded sources (0)

View Originality Report - Old Design

Word Count: 1,347 case study 3.1.docx

6 2 10

3 5 12

11 4

7 9 8

1

7 distancelearningconnection 6 Student paper 2 Student paper

Case Study 3.1 1

Case Study 3.1 7

Health Insurance Portability and Accountability Act

Mudasir Khan Mohammed

Case Study 3.1

Cyber Law and Policy University Of The Potomac

Darcel Tolliver 11/14/2020

Introduction

Healthcare is an integral aspect of our daily lives. In the ever-growing world, healthcare is considered one of the top priorities in modern society. A health care

system is an organization of people, resources, and institutions involved in delivering health care services to satisfy target populations' health needs. Healthcare organizations have the responsibility of providing a wide range of well-being services at affordable prices. Healthcare organizations strive to achieve the delivery of quality healthcare services to target populations. The health providers may not handle the patients’ health data and information with high level of integrity and confidentiality thus leaving the patient vulnerable through exposure of the data and information. Over the years, governments have backed up efforts by the

1

2

1

3

11/20/2020 Originality Report

https://safeassign.blackboard.com/api/v1/submissions/83d48182-daac-d1bd-2e04-5dc6bf7ea24f/report?access_token=f8f4d659-4081-447d-99c9-cd5… 2/5

Source Matches (21)

co de t a ty t us ea g t e pat e t u e ab e t oug e posu e o t e data a d o at o . O e t e yea s, go e e ts a e bac ed up e o ts by t e healthcare institutions by enacting healthcare legislation that would help improve the delivery of healthcare services to the people. The paper focuses on the Health Insurance Portability and Accountability Act (HIPAA), digging into the reasons that led to its creation and its application into the United States legal system.

The Health Insurance Portability and Accountability Act is a data privacy federal law that needed the creation of high national standards in protecting sensitive information about a patient’s health against disclosure without consent or knowledge of the patient. The law was signed in 1996 by President Bill Clinton.

The department of Health and Human Services (HHS) in the U.S. issued the HIPAA Privacy Rule to implement the HIPAA requirements effectively. Data breaches can adversely affect individuals and organizations, such as litigation cases, huge fines, and even damage to the individual’s or organization’s reputation. Healthcare

systems have been facing complex data and privacy challenges. The HIPAA seeks to address the challenges of patients’ health data and information privacy. The HIPAA legislation was necessitated by the numerous data breaches caused by ransomware and cyber-attacks on the health insurers and providers. The attacks highly exposed the patient's data and important information to unauthorized and malicious people. The HIPAA Privacy Rule seeks to protect patient's privacy by

demanding health care providers to provide patients with a proper account of any entity to which the healthcare provider discloses protected health information (PHI)for administrative and billing purposes while allowing relevant healthcare information to flow through appropriate means. In fulfilling the legislation mandate assigned to HIPAA, it serves two main purposes. One is providing continuous health insurance cover to employees who lose or change their job. The second is reducing the healthcare delivery cost by standardizing the electronic transmission of financial and administrative transactions (Edemekong, Annamaraju & Haydel, 2020). Several challenges arise from the ever-increasing data privacy concerns regarding data uses and the need to reconcile data with data for security in data

applications such as health, food security, and homeland protection. These data security and privacy challenges pose a great risk to healthcare data and information for current and future use by healthcare providers. The HIPAA seeks to curb the exposure of patients’ health data and information privacy. HIPAA protects a number of patient’s information. Through the HIPAA Privacy Rule, all the patient’s identifiable health data and information that is stored or transmitted by a covered

entity is highly protected. The data or information can be held in any form from paper, oral to digital. Personal Health information (PHI) includes a number of patient’s details. The first is the patient’s name, birth date, address, social security number or other identifiable personal information. The second information is the

patient’s past, present or future mental and physical condition. Besides, the patient’s information on the past, present or future healthcare payment is protected by the HIPAA Privacy Rule. Moreover, the Privacy Rule guarantees patients the right to get their PHI upon request from healthcare providers covered by HIPAA. The

HIPAA stipulates three entities subject to the Privacy Rule: Health plans, Healthcare Providers, and Healthcare clearinghouses. These entities conduct particular health care transactions electronically, such as billing a health plan. The federal law states that a HIPAA covered entity may disclose PHI to law enforcement with a

signed HIPAA authorization by the individual in question. However, a HIPAA entity may disclose PHI to law enforcement without signed HIPAA authorization in certain situations, such as when required by law to report gunshots or stab wounds. In such cases when the law demands for the patients’ health data and information, then it is not viewed as a violation of HIPAA but a provision of law.

4 5

6

7

6

7

7

7

8

The information disclosed may be crucial in the proceedings and determination of the legal case (Rouse, 2017). Many legal cases have involved HIPAA in their proceedings and determination. These cases have violated the HIPAA resulting in financial penalties, including civil monetary penalties. Violating HIPAA can attract hefty court fines. One of the HIPAA legal cases is Bayfront Health St.Peterburg of 2018, which was investigated upon receipt of a patient's complaint. The patient

herein has requested a copy of the fetal heart monitor record belonging to her child, but nine months later, the request had not been honored. In resolving the HIPAA violation, a settlement of $85,000 was agreed with the officer for civil rights (OCR). Another case of HIPAA violation is that of Elite Dental Associates. A patient of Elite Dental Associates reported a complaint to OCR lamenting that her protected health information (PHI) had been disclosed without her knowledge and consent as she had seen the information on a review on Yelp. The OCR investigated and discovered that Elite Dental Associates had violated the patient's privacy. This impermissible disclosure of the patient's PHI resulted in settlement of $10,000.These cases have clearly demonstrated the violation of HIPAA and the consequences of the offence in the court of law (Calhoun, Kiel & Morgan, 2018). HIPAA is crucial in safeguarding a patient’s personal health information against exposure. HIPAA should be well enforced to guarantee the utmost protection of the PHI. Proper protection of PHI would create a high level of trust between patients and healthcare providers. A patient’s trust in the health care providers is a necessary element for establishing a good connection between the patient and the healthcare providers’ thus promoting high-quality healthcare delivery in the healthcare institutions. In improving the quality of healthcare, healthcare providers need to go beyond the superficial interaction with patients and act in a manner backed by academic significance. Strengthening of HIPAA is required to make it more effective in protecting patient’s health data and information. Data privacy and confidentiality is very crucial to both the healthcare organization and the patient as it prevents data from getting into the wrong hands. Health care providers should always uphold to their professionalism in executing their mandate by provide patients with a proper

account of any entity to which the healthcare provider discloses PHI for administrative and billing purposes while allowing relevant healthcare information to flow through appropriate channels.

Conclusion

Therefore, there is a need to find ways of protecting patients’ data and information to prevent or solve healthcare provider-patient conflicts that may arise due to data breaches and violation of HIPAA. Health care providers need to always act with utmost integrity in handling patient’s data and information to establish close relationships with patients while building trust. Healthcare providers should always apply logos, pathos, and ethos in their practice to improve the quality of healthcare services they offer to patients. The legislators should find ways of strengthening the HIPAA to effectively protect a patient's healthcare data and information for current and future use by the healthcare providers.

References

Calhoun, B. C., Kiel, J. M., & Morgan, A. A. (2018). Health Insurance Portability and Accountability Act Violations by Physician Assistant Students:

Applying Laws to Clinical Vignettes. The Journal of Physician Assistant Education, 29(3), 154-157. Edemekong, P., Annamaraju, P., & Haydel, M. (2020). Health

Insurance Portability and Accountability Act. StatPearls. Rouse, M. (2017). HIPAA (Health Insurance Portability and Accountability Act).

9

10

2 2 11

2 2

12

11/20/2020 Originality Report

https://safeassign.blackboard.com/api/v1/submissions/83d48182-daac-d1bd-2e04-5dc6bf7ea24f/report?access_token=f8f4d659-4081-447d-99c9-cd5… 3/5

Student paper 86%

Student paper 100%

Student paper 100%

Student paper 66%

Student paper 76%

Student paper 73%

Student paper 67%

distancelearningconnection 70%

1

Student paper

Case Study 3.1 1 Case Study 3.1 7

Original source

Case Study 3.1 Case Study 3.1

2

Student paper

Health Insurance Portability and Accountability Act

Original source

Health Insurance Portability and Accountability Act

1

Student paper

Case Study 3.1

Original source

Case Study 3.1

3

Student paper

A health care system is an organization of people, resources, and institutions involved in delivering health care services to satisfy target populations'

Original source

First of all, we can define the health care system is the organization of people, institutions, and resources that deliver health care services to meet the health needs of target populations

4

Student paper

The law was signed in 1996 by President Bill Clinton.

Original source

President Bill Clinton signed this act in 1996

5

Student paper

The department of Health and Human Services (HHS) in the U.S. issued the HIPAA Privacy Rule to implement the HIPAA requirements effectively.

Original source

The Department of Health and Human Services also known as HHS Human Services issued the HIPAA Privacy Rule to implement HIPAA’s requirements

6

Student paper

Healthcare systems have been facing complex data and privacy challenges.

Original source

Recently, the IT world has been facing more complex data and privacy challenges

7

Student paper

The HIPAA Privacy Rule seeks to protect patient's privacy by demanding health care providers to provide patients with a proper account of any entity to which the healthcare provider discloses protected health information (PHI)for administrative and billing purposes while allowing relevant healthcare information to flow through appropriate means.

Original source

It seeks to protect the privacy of patients by requiring doctors to provide patients with an account of each entity to which the doctor discloses PHI for billing and administrative purposes, while still allowing relevant health information to flow through the proper channels

11/20/2020 Originality Report

https://safeassign.blackboard.com/api/v1/submissions/83d48182-daac-d1bd-2e04-5dc6bf7ea24f/report?access_token=f8f4d659-4081-447d-99c9-cd5… 4/5

Student paper 88%

distancelearningconnection 76%

distancelearningconnection 72%

distancelearningconnection 87%

markkennedylaw 73%

hipaajournal 69%

6

Student paper

Several challenges arise from the ever- increasing data privacy concerns regarding data uses and the need to reconcile data with data for security in data applications such as health, food security, and homeland protection. These data security and privacy challenges pose a great risk to healthcare data and information for current and future use by healthcare providers.

Original source

A number of these challenges arise from the ever-increasing data privacy concerns regarding data uses and the need to reconcile data with data used for security in data applications such as counterterrorism, health, food security, and homeland protection These data security and privacy challenges pose a great risk to the organization's data and information for current and future use

7

Student paper

Through the HIPAA Privacy Rule, all the patient’s identifiable health data and information that is stored or transmitted by a covered entity is highly protected. The data or information can be held in any form from paper, oral to digital.

Original source

The HIPAA Privacy Rule protects all individually identifiable health information that is held or transmitted by a covered entity or a business associate This information can be held in any form, including digital, paper or oral

7

Student paper

The first is the patient’s name, birth date, address, social security number or other identifiable personal information.

Original source

a patient’s name, address, birth date and Social Security number

7

Student paper

Moreover, the Privacy Rule guarantees patients the right to get their PHI upon request from healthcare providers covered by HIPAA.

Original source

The privacy rule also guarantees patients the right to receive their own PHI, upon request, from healthcare providers covered by HIPAA

8

Student paper

The federal law states that a HIPAA covered entity may disclose PHI to law enforcement with a signed HIPAA authorization by the individual in question. However, a HIPAA entity may disclose PHI to law enforcement without signed HIPAA authorization in certain situations, such as when required by law to report gunshots or stab wounds.

Original source

A HIPAA covered entity may disclose PHI to law enforcement with the individual’s signed HIPAA authorization To report PHI to law enforcement when required by law to do so (such as reporting gunshots or stab wounds)

9

Student paper

The patient herein has requested a copy of the fetal heart monitor record belonging to her child, but nine months later, the request had not been honored. In resolving the HIPAA violation, a settlement of $85,000 was agreed with the officer for civil rights (OCR).

Original source

The patient had requested a copy of her child’s fetal heart monitor records, but 9 months after the request had been submitted the records still had not been provided A settlement of $85,000 was agreed with OCR to resolve the HIPAA violation

11/20/2020 Originality Report

https://safeassign.blackboard.com/api/v1/submissions/83d48182-daac-d1bd-2e04-5dc6bf7ea24f/report?access_token=f8f4d659-4081-447d-99c9-cd5… 5/5

Student paper 70%

Student paper 100%

Student paper 100%

Student paper 67%

Student paper 100%

Student paper 100%

Student paper 100%

10

Student paper

Health care providers should always uphold to their professionalism in executing their mandate by provide patients with a proper account of any entity to which the healthcare provider discloses PHI for administrative and billing purposes while allowing relevant healthcare information to flow through appropriate channels.

Original source

Doctors are required to provide patients with an account of each entity to which the doctor discloses PHI for billing and administrative purposes, while still allowing relevant health information to flow through the proper channels

2

Student paper

C., Kiel, J. M., & Morgan, A.

Original source

C., Kiel, J M., & Morgan, A

2

Student paper

Health Insurance Portability and Accountability Act Violations by Physician Assistant Students:

Original source

Health insurance portability and accountability act violations by physician assistant students

11

Student paper

Applying Laws to Clinical Vignettes.

Original source

Applying Laws to Clinical Vignettes.” The Journal of Physician Assistant Education

2

Student paper

The Journal of Physician Assistant Education, 29(3), 154-157.

Original source

The Journal of Physician Assistant Education, 29(3), 154-157

2

Student paper

Health Insurance Portability and Accountability Act.

Original source

Health Insurance Portability and Accountability Act

12

Student paper

HIPAA (Health Insurance Portability and Accountability Act).

Original source

HIPAA (Health Insurance Portability and Accountability Act)