Question
Case 1 - The covered entity may be in violation of their obligations as it relates to PHI. The covered entity may not have followed
Case 1 - The covered entity may be in violation of their obligations as it relates to PHI. The covered entity may not have followed the legal statute, though it could be argued that in the interest of public health the information was shared with the public. In this case, arguments could be made that the covered entity needs to do a better job of anonymizing the information that is presented in the media. More information would be required from all parties involved in order to make a final determination.
Case 2 - In this case the covered entity did commit HIPAA violation and it is reportable as a breach of their custodial obligations (It is a reportable event based on the number of patient records impacted). This case would likely come under additional review to determine the severity of the infraction and the appropriate penalty(ies).
Assignment:
During the COVID-19 pandemic there have been a number of situations where PHI has been deemed of importance to the public health of nations. Review the attached list, select on article and write a brief on what changes/guidance were necessary to support the release of protected health information.
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