Are X rays a HIPAA violation?

Are X rays a HIPAA violation?

“Whatever images you take and display can, and potentially will, be used against you in a lawsuit,” he says. Therefore, a picture of an X-ray, EKG, or ankle fracture may not violate HIPAA laws, says Sullivan, if these do not contain identifying information.

What are the consequences of a HIPAA violation?

While each of these common HIPAA violations affect far fewer numbers of patients than the above violations, they can still cause a significant amount of harm: To the patient (s) involved and their employer. They can also result in disciplinary action against the employee responsible including termination.

When is Phi a violation of HIPAA law?

Unless the patient has specifically authorized PHI to be shared with that person (in writing), this is not allowed. If a nurse or other medical professional releases PHI about a patient to a party that is not formally authorized to receive the data, this would be a violation.

What does the Department of Health and Human Services do about HIPAA?

The settlements pursued by the Department of Health and Human Services’ Office for Civil Rights (OCR) are for egregious violations of HIPAA Rules. Settlements are also pursued to highlight common HIPAA violations to raise awareness of the need to comply with specific aspects of HIPAA Rules.

Who was the first healthcare employee to be jailed for HIPAA violation?

Huping Zhou accessed the records of patients without authorization 323 times after learning that he would soon be dismissed. Dr. Zhou became the first healthcare employee to be jailed for a HIPAA violation and was sentenced to four months in federal prison.

What does HIPAA say about sending x-rays by email?

Medical records include any information about the medical history of a patient, his family or exam and test results. These results include X-rays. HIPAA has certain policies that govern how X-rays may be sent using email.

Are there any cases of HIPAA being violated?

Two hospitals in Prince George’s County, Maryland, violated 41 patients’ rights to their medical records under HIPAA. HIPAA states that patients can request copies of their medical records and healthcare providers must comply within 60 days without charging for the service.

What are the penalties for e-mailing X rays?

Penalties. The most common types of violations that involve emailed X-rays would be if a person who is not authorized accesses X-rays either because the X-rays were not encrypted, because they were sent to the wrong email or because the computer on which the X-rays were stored was accessed by an unauthorized person.

How does the Department of Health and Human Services enforce HIPAA?

The Department of Health and Human Services’ Office for Civil Rights (OCR) enforces HIPAA compliance by penalizing any involved hospital, health center, or health-related service for both small and large HIPAA violations. Even if patient health information has not been compromised, HIPAA violation penalties can be severe.