UCLA Hospital Hit With HIPAA Fine On Celeb Records
Trailrunner7 writes "The University of California at Los Angeles Health Services has agreed to pay a $865,000 fine and pledged to tweak their infrastructure after potentially violating the HIPAA regulation when several employees apparently accessed the health records of various celebrity patients at the hospital without valid justification. This is the third major HIPAA fine issued by the Department of Health and Human Services in 2011, following a fine of $4.3 million for Cignet and a penalty of $1 million for Massachusetts General Hospital."
With enough money/power you can buy anything.
So, if you are an papatatzi, and have loads of money, no security or whatever privacy rules are would stop you from sniffing the hot facts.
Or if you are government and you just pass a law that allows you to spy on anybody without any prior reason.
Why is the government stopping us from following our dear stares? What do they have to hide? Probably druges and buttesex.
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Sounds like hospital speak for slap a band aid on it and hope they don't get caught again.
"We are just a war away from Amerikastan. When god vs god the undoing of man." Dave Mustaine
Trouble is, it also means that ANY medical personnel, anywhere, have to have access to everyone's medical records. Obvious potential for abuse, so all of the protections have to be post hoc.
Lacking <sarcasm> tags,
This is why I'm against surveillance as a means to deal with crime.
I don't necessarily have a problem with surveillance in and of itself; but I do have a problem when humans are the ones in control of it. You simply cannot trust that everybody who has access to information will not abuse it.
Give people the opportunity to take advantage of other people, and it will happen.
These are the ones that make the news and that are made obvious to investigators when confidential information escapes into public reporting. It implies it's just as easy to get the records of non-celebrities if people had enough reason to be interested.
I work in the electronic medical records industry, and I can tell you that HIPAA protects your privacy about as well as those multi-page "privacy policy" letters you get from your bank and other businesses...you know, the ones that tell you, in lots of fine print, that they will do whatever they want with your information.
Sure, HIPAA requires doctors and hospitals to get your consent before sharing your information with others. That's why, when you see a doctor these days, you have to first sign that consent form! If you don't sign, you get sub-standard care, or have insurance hassles...basically, you have to sign. So tell me how THAT helps anything!
What HIPAA DOES do well, is make it difficult for spouses (and other caring family members or friends) to find out what's going on with their loved ones when disaster strikes. It also costs hospitals and doctors tons of money to comply (I know, my company is the recipient of some of that money)...and that in turn drives up the cost of health care.
HIPAA may have been created with good intentions in mind, but it is a travesty and can't be repealed fast enough!
I work at a law firm, and I can review cases that are not my own, too - as long as I don't go off and blabber about it in the next bar or to the next journalist, that's fine.
You can access the sealed filings from cases all across the country?
No? Maybe that makes a difference.
Lacking <sarcasm> tags,
The article states that the employees had no reason for accessing the records. How about puerile curiosity? What they didn't have was a legitimate reason.
The hospital says it needs to conduct “regular and robust” trainings for employees that access sensitive information. What a load of crap. This is the same bullshit response police departments give when cops steal your camera when you record them. Both parties knew what they were doing was wrong BEFORE they did it. The answer is serious jail time.
get rid the HMO bs and then billing will not be the fall point for people who don't want there real name listed.
We read about fines like this all the time but there is no follow-up to see if they are ever paid. It's similar to the drug busts where law enforcement agencies assign an arbitrary massively inflated value to the confiscated material to make themselves look good. Agencies declare these fines so they look good in the press, but are they ever actually paid? In full? On time?
Knock knock!
Who's there?
HIPAA.
HIPAA who?
Sorry, I'm not allowed to say.
"With sufficient thrust, pigs fly just fine. However, this is not necessarily a good idea...."
RFC 1925
It should be made a requirement for all electronic medical records systems that the identity of every person that views a record (along with a timestamp) should become part of the record. If everyone knows that they cannot anonymously view a record, they will very quickly stop looking at things they shouldn't.
Why not just refuse to treat or admit celebrity patients?
They're more trouble than they're worth.
Because she's famous, it increased the risk that people would access the records unnecessarily, and this behavior seemed like a logical response to manage that risk.
I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
Much of the access to these protected records come from minimum-wage (or slightly better) data entry workers. There's a huge amount of paperwork generated for each hospital patient and they handle it all.
Imagine if you're one of these people; working long days at a keyboard for barely enough to live on - and someone offers you a significant "bonus" for giving them a copy of this or that file.
This goes on every day at your hospital, your motor vehicle licensing and driver's licensing department, etc. There's a booming market for private information; lawyers, collection agents, skip tracers, etc, etc. Each of them cultivates their own sources of inside information and pays them well.
Security theater doesn't only go on at the airport...
With HIPAA, the actual civil fines are pretty trivial. In fact, if memory serves (from back in '02, when I worked at a hospital) it was less than $100/violation.
But just one violation is enough to get an inspection. HIPAA auditors can come in and go over the entire facility with a fine-toothed comb. And they will assess a fine for Every Single Thing. There used to be some limits on how high the total fines can be, but those caps have been raised. Even so, a few million isn't really a horrific deterrent, especially with corporate entities which are remarkably adept at cushioning themselves from this sort of thing.
The big issue, though, is the inspection itself. Even if an inspection does not yield a single violation, or if no fines come of an inspection, the entire facility is turned on its head. Every detail, every business process, can come under scrutiny. That threat, in my experience, had a far greater deterrent than the fine could manage.