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HIPAA: Exposing a Crime Against Patient Privacy and the

Effects they have on the Law

Dylan S Kapp

Lebanon Valley College

History and Significance
All patients have the right for their health care information to be private. This concern is very significant in today’s society. There are multiple reports and cases recently presented that show apprehension about healthcare and their duties. With accumulating laws being passed and the famous “HIPPA” law already established, numerous lawsuits and claims have been roaring across the United States. This issue only continues to bloom more and more everyday and voices a momentous concern. In the following paragraphs, I will illustrate and analyze the HIPPA law, examples of exceptions and violations of this law, and four legal analyses of cases where individuals violated HIPAA or were found not guilty.
The Health Insurance Portability and Accountability Act, also known as HIPAA, went into effect in 1996 to ensure all patients have secured and protected health information. This is consistent with, but not limited to, patient demographic information, name of patient, address, insurance information, social security number, medical diagnoses, and past or present medical history. This “privacy rule” is held accountable for all medical personnel unless proper authorization is granted. There are, under certain circumstances, allowances of patient information to be passed among different parties. If there is direct approval of the patient that medical records or information may be exposed or given to a party, than this is acceptable. Patient information may also be passed to the patient himself or herself. Other interdisciplinary teams such as care coordination or social work may also be permitted to use pertinent patient information for care. In emergency events where the patient is unable to speak for themselves there is also an exception. Patient information may also be handed to family or those involved in the care of the patient if the patient gives permission. There is also an exception through the court of law. Information may be presented in cases of statute or court orders. Patient information may be disclosed about communicable diseases to the state in order to protect the public. In the event of abuse or neglect, health providers are mandated to report such crime to proper officials (McGowan, 2012). There are multiple exceptions to the HIPAA law; however, there have been multiple cases at which this law is being unrightfully violated.
In June 2005, the United States Department of Justice released criteria on who can be held criminally responsible for HIPAA. Those who willingly break the HIPAA law may be held up to ten years in prison and a maximum fine of one and a half million-dollars (National Nurse, 2011). The law is broken when patient information is discussed with any personnel that are not directly involved in patient care. This includes public areas, such as the nurses’ station or elevator, where visitors overhear the information. A visitor may walk by a health care workers computer that was not properly locked which displays a patient’s lab result being HIV positive. An ER nurse may share detailed information to her husband in the evening about the interesting trauma she experienced at work who happened to be a member of their community. These are all violations and subjected to disciplinary action through the court. There have been incidents where a licensed practical nurse accessed patient’s medical records for her husband to use in an upcoming hearing. Once discovered, the nurse was sentenced to two years in prison, a 250,000-dollar fine and one hundred hours of community service. Another example is when two female nurses took a picture of a patient in the emergency room and posted it on their social network website. A conversation arose on the page where
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