Like your privacy? Don't go to the doctor anymore.

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.

HoLeChit

Here for Frens
Special Hen
Joined
Sep 26, 2014
Messages
6,532
Reaction score
10,499
Location
None
If you're a patient, you should probably assume your personal health information can't legally be shared with the news media or your relative's nosy spouse. Beyond that there's probably a way it will get shared, perhaps beyond your desire.

As for the penalties and "whistleblower protections", I certainly hope they don't work the way they do in .gov, because they're just for show there.
Well, they are putting all that healthcare info under government control... so I am willing to bet its all just for show. The "opt-out" form that they are saying people can use still records all of their data, it just restricts access to their data except for "emergencies", which could be literally anything for any reason.
 

okcBob

Sharpshooter
Supporting Member
Special Hen Supporter
Joined
May 17, 2020
Messages
5,858
Reaction score
9,774
Location
okc
Penalties per Hipaa law:

Criminal penalties:

Tier 1: Reasonable cause or no knowledge of violation – Up to 1 year in jail
Tier 2: Obtaining PHI under false pretenses – Up to 5 years in jail
Tier 3: Obtaining PHI for personal gain or with malicious intent – Up to 10 years in jail

Financial penalties:
  • Tier 1: Minimum fine of $100 per violation up to $50,000
  • Tier 2: Minimum fine of $1,000 per violation up to $50,000
  • Tier 3: Minimum fine of $10,000 per violation up to $50,000
  • Tier 4: Minimum fine of $50,000 per violation
 

Glocktogo

Sharpshooter
Supporting Member
Special Hen Supporter
Joined
Jan 12, 2007
Messages
29,695
Reaction score
16,594
Location
Collinsville
Penalties per Hipaa law:

Criminal penalties:

Tier 1: Reasonable cause or no knowledge of violation – Up to 1 year in jail
Tier 2: Obtaining PHI under false pretenses – Up to 5 years in jail
Tier 3: Obtaining PHI for personal gain or with malicious intent – Up to 10 years in jail

Financial penalties:
  • Tier 1: Minimum fine of $100 per violation up to $50,000
  • Tier 2: Minimum fine of $1,000 per violation up to $50,000
  • Tier 3: Minimum fine of $10,000 per violation up to $50,000
  • Tier 4: Minimum fine of $50,000 per violation
Any real-world examples where this actually happened? Like I stated, the .gov has whistleblower protections that carry penalties too, but they're used about as often as the federal criminal statute that covers lying on a 4473, which is an infinitesimally small percentage of occurrences. :rolleyes2
 

BobbyV

Are you serious?
Supporting Member
Special Hen Supporter
Joined
Dec 31, 2013
Messages
5,741
Reaction score
8,109
Location
Logan County
Any real-world examples where this actually happened? Like I stated, the .gov has whistleblower protections that carry penalties too, but they're used about as often as the federal criminal statute that covers lying on a 4473, which is an infinitesimally small percentage of occurrences. :rolleyes2
Several of them here.

HIPAA violation fines happen quite often. One of them in 2022 was to OSU's Center for Health Services to the tune of $875k.
 

Gadsden

Sharpshooter
Supporting Member
Special Hen Supporter
Joined
Nov 18, 2021
Messages
10,465
Reaction score
32,383
Location
Somewhere west of Tulsa
As someone with relatives in medicine, HIPPA has been a joke since day one. They all talk about you when you leave. All of them.
If all they've got to do is talk about me and my visit to see my doctor they really, seriously, need to get a life because nothing I go there for is that interesting..
 

Glocktogo

Sharpshooter
Supporting Member
Special Hen Supporter
Joined
Jan 12, 2007
Messages
29,695
Reaction score
16,594
Location
Collinsville
Several of them here.

HIPAA violation fines happen quite often. One of them in 2022 was to OSU's Center for Health Services to the tune of $875k.
So it looks like HIPAA is violated often, most cases never get past counseling/corrective action plans, and almost all cases that do are settled rather than CP fines collected in full (to include OSU) and rarely if ever is any individual held to account. Meanwhile the actual costs of violations are amortized out in taxes and increased patient costs.

Does that about sum it up?
 

BobbyV

Are you serious?
Supporting Member
Special Hen Supporter
Joined
Dec 31, 2013
Messages
5,741
Reaction score
8,109
Location
Logan County
So it looks like HIPAA is violated often, most cases never get past counseling/corrective action plans, and almost all cases that do are settled rather than CP fines collected in full (to include OSU) and rarely if ever is any individual held to account. Meanwhile the actual costs of violations are amortized out in taxes and increased patient costs.

Does that about sum it up?

OCR refers cases to the DOJ for criminal investigation. I guess you'd need to check with the DOJ for stats related to those cases.

As far as whatever you're trying to get out with assuming individuals aren't held to account I'm aware of several folks who have lost their jobs over privacy incidents.
 

okcBob

Sharpshooter
Supporting Member
Special Hen Supporter
Joined
May 17, 2020
Messages
5,858
Reaction score
9,774
Location
okc
So it looks like HIPAA is violated often, most cases never get past counseling/corrective action plans, and almost all cases that do are settled rather than CP fines collected in full (to include OSU) and rarely if ever is any individual held to account. Meanwhile the actual costs of violations are amortized out in taxes and increased patient costs.

Does that about sum it up?
https://www.justice.gov/usao-edtx/pr/former-hospital-employee-sentenced-hipaa-violationsDidn’t take long to find a “rarely if ever” guy. 😁
 

Latest posts

Top Bottom