Critical Regulatory Issue In Health Care

815 words - 4 pages

A Critical Regulatory Issue in Health Care
A Critical Regulatory Issue in Health Care
Congress grants agencies the ability to create regulations to promote and carry out public policy (Fremgen, 2012). A critical health care regulatory issue in today’s world is The Privacy and Security Rule. The Privacy Rule, 45 CFR (Code of Federal Regulations) Part 160 and Subparts A and E of Part 164 govern the privacy of individually identifiable health information and the security of electronic individually identifiable health information. CFR 45 Part 160 is otherwise known as the Health Insurance Portability and Accountability Act (HIPAA) (U.S. Department of Health and Human Services, 2012). HIPAA ...view middle of the document...

According to Fox and Schick, (2012), “Kaiser Permanente fired fifteen employees and disciplined eight additional employees for looking at the medical records of Nadya Suleman, the mother of octuplets commonly referred to as "Octomom," (para.1).
In June, 2012, Alaska Department of Health And Human Services (dhhs) was the first state agency to be fined by OCR. They were fined $1.7 million to resolve possible discretions violating the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule. OCR was informed by DHHS of a USB device containing electronic PHI (ePHI) stolen from an employee. OCR ultimately found that DHHS did not have satisfactory guidelines in place to safeguard ePHI. Regardless whether a facility is a public or private entity, they all are expected to observe HIPAA rules and regulations (U.S. Department of Health and Human Services, 2012). According to OCR director Rodriquez, (2012) “Covered entities must perform a full and comprehensive risk assessment and have in place meaningful access controls to safeguard hardware and portable devices,” (para. 4).
As recent as September 2012 breaches in HIPAA regulations and guidelines have resulted in fines. A Massachusetts facility agreed to pay HHS $1.5 million because of possible breaches caused by an unencrypted laptop with patient PHI stolen. Covered entities are required to report information breaches to affected individuals, HHS, and in some instances, the media according the Breach Notification Rule (U.S. Department of Health and Human Services, 2012).
All health information, electronic or paper, is covered by HIPAA regulations. Covered...

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