Document Review      Legal Briefs       Litigation Support   Medicare/Medicaid Compliance
Document Review      Legal Briefs       Litigation Support   Medicare/Medicaid Compliance
Louisiana Legal Nurse Consultants, LLC (LA Charter # 36706087K)
Louisiana Legal Nurse Consultants, LLC  (LA Charter # 36706087K) 

HIPAA stands for The Health Insurance Portability and Accountability Act. Originally this federal law concerned health insurance coverage, and was created to guarantee that persons leaving their jobs would not lose their healthcare coverage, thus health insurance portability. Effective 10/03 the government added another section to this law called administrative simplification which standardized how health information is collected and transferred between doctors, hospitals, insurance carriers, and other health care providers. By 4/13/03 the Standards for Patient Privacy was enacted, and this guaranteed patient information would remain confidential/secure.

Violations of HIPPA can be reported through reports from state surveys, JCAHO surveys, and written complaints from patients and employees. Civil penalties are $100/violation to $25,000/calendar year/multiple violations of a single standard. Criminal penalties start at $50,000 and/or imprisonment up to one year. The penalty for false pretenses is $100,000 and imprisonment for five years. If HIPPA is violated for commercial advantage, personal gain, or is malicious the penalty is $250,000 and imprisonment for ten years. If a complaint is filed with HIPPA, compliance must be demonstrated through documentation which verifies patient information is handled privately.

Documentation is evidenced through policies/procedures, an “Employee Privacy Acknowledgement” signed statement, employee education on use and protection of confidential patient information, and written material (pamphlets etc.) for patients informing them of “Privacy and Confidentiality Practices”.

This information must be restricted to what is absolutely necessary for treatment. It is vital for all employees to understand the law regarding how it relates to their position, question/inform their employer of any issues, and monitor that patient privacy is maintained in the workplace.

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Louisiana Legal Nurse Consultants, LLC (State of LA Charter #36706087K ) medmalconsult@gmail.com

Copyright @2008 by Julie Tullos, RN,BSN,CCM,LNC. No materials or content on this site may be reproduced without permission. MJT

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Louisiana Legal Nurse Consultants, LLC
12915 Joor Rd

Baton Rouge, LA, 70818


Phone: 225 368 7461

medmalconsult@gmail.com

 

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