Privacy strategies for health information.

Full Answer Section

     

• • The type of information reviewed (e.g., diagnoses, medications, mental health history).
  • The presence of sensitive information like Social Security numbers or financial data.
  • Whether Mary has any personal connection to Mr. Patient.

If the investigation reveals a high risk of harm, then Quality Hospital would be required to report the breach to the Department of Health and Human Services (HHS) and potentially affected individuals.

• Impacted Patients:1 (Michael Patient, aged 25)

Scenario 2: Improper Disposal of Paper Medical Records

• Breach: Quality Hospital failed to take reasonable steps to protect PHI when they stopped paying storage fees and allowed Acme Storage to dispose of paper medical records.
• Reportable Breach: The HIPAA Security Rule requires covered entities to implement appropriate safeguards to protect PHI. Improper disposal of PHI is a violation. Here, the unknown number of patients whose records were disposed of are potentially at risk. The lack of control over record storage and the unknown method of disposal create a high risk of harm. Quality Hospital must report the breach to HHS and affected individuals.
• Impacted Patients: Unknown (all patients whose records were stored at Acme since 3/1/2015)

Scenario 3: Incorrect Patient Telehealth Appointment

• Breach: Dr. Jones disclosed PHI (A1C lab results) to the wrong patient, John Harrison, during a telehealth appointment.
• Reportable Breach: Similar to Scenario 1, a risk assessment is needed. Here, Dr. Jones disclosed a specific health condition (diabetes) but did not discuss detailed treatment plans or other sensitive information. Quality Hospital should investigate Dr. Jones' actions and determine the likelihood that the information could be used to harm Mr. Harrison. Depending on the outcome, they may need to report the breach.
• Impacted Patients: 1 (Joan Harrison)

Additional Information Needed:

• Scenario 1:Did Mary Nurse document her access to the incorrect record in the EHR audit log?
• Scenario 2:Did Quality Hospital have a written contract with Acme Storage outlining data security protocols and disposal procedures?
• Scenario 3:Did Dr. Jones apologize to Joan Harrison for the disclosure?

Recommendations: Quality Hospital should:

• Conduct thorough training for all staff on HIPAA regulations and proper access procedures for EHRs.
• Review and update policies on data security and disposal of protected health information (PHI) in both electronic and paper formats.
• Implement robust audit logs for EHR access to monitor potential misuse.
• Regularly review and update vendor contracts to ensure compliance with HIPAA regulations.

By taking these steps, Quality Hospital can minimize the risk of future HIPAA breaches and protect the privacy of their patients.  

Sample Solution

     

Analyzing HIPAA Breach Scenarios at Quality Hospital

Scenario 1: Accidental Access of Incorrect Patient Record

• Breach: Yes. Mary Nurse accessed the electronic health record (EHR) of an incorrect patient, Michael Patient (aged 25), when she was assigned to care for a different Michael Patient (aged 80).
• Reportable Breach: Potentially. The HIPAA Breach Notification Rule applies to unauthorized disclosures of protected health information (PHI) that pose a significant risk of harm to the individual. Here, Mary reviewed a substantial portion of the record. Quality Hospital needs to investigate further to determine the likelihood that the information could be used to harm Mr. Patient (aged 25). Factors to consider include: