IceIce9
Verified EMT
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- Feb 17, 2017
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EMS and first responders cannot discuss what they witnessed with patients without breaking federal laws on confidentiality. Federal confidentiality rules begin with the patient's conception and extend beyond their death. There are very expensive penalties for violating HIPAA.
HIPAA Violation Penalty Structure
Each category of violation carries a separate HIPAA penalty. It is up to the discretion of the OCR to determine a financial penalty within the appropriate range. The OCR considers a number of factors when determining penalties, such as the length of time a violation was allowed to persist, the number of people affected and the nature of the data exposed. An organization´s willingness to assist with an OCR investigation is also taken into account.
The general factors that can affect the level of financial penalty also include prior history, the organization’s financial condition and the level of harm caused by the violation. These factors could decrease or increase the financial penalty issued.
- Category 1: Minimum fine of $100 per violation up to $50,000
- Category 2: Minimum fine of $1,000 per violation up to $50,000
- Category 3: Minimum fine of $10,000 per violation up to $50,000
- Category 4: Minimum fine of $50,000 per violation
- http://www.hipaajournal.com/what-are-the-penalties-for-hipaa-violations-7096/
The Pathologist is subject to HIIPAA rules as well as the morgue technicians. Gossiping about the victims and then being fined $50,000 is just not worth it.
Yes, all that is true. However, I am here to tell you that EMTs, medics, and other emergency medical professionals discuss things. It's a way to debrief.
Unauthorized viewing and copying medical records leaves an electronic trail. The people who have been fired for HIPAA violations are those who have viewed actual written records without the necessity to do so. Every time you open electronic medical records a trail is left that is traceable by the compliance department.
Employees who violate HIPAA can be put through the disciplinary process. Usually this starts with coaching, then verbal warning, then written warning, and on up the scale if the violations continue, up to and including termination.
Immediate termination can occur with blatant violations, such as sharing information with the media, and copying records to remove from the office.
Fines are only issued to individuals who sell photos or copies of medical records to the National Enquirer or other outlets.
But will a person be fined, or even disciplined, for speaking about something they have seen? No, it doesn't happen.