Privacy and Security

You are at work in a healthcare facility. You happen to notice a nurse practitioner reviewing the medical records of her ex-husband. You also know that there is no authorization on file granting additional access to this record. Answer all questions.

1. What laws that applies?
2. Are there any exceptions to the law apply to this situation. If so, how?
3. What facts would lead to a different conclusion? What would the conclusion be? Explain.
4. Should the nurse should be terminated?Why or why not? What actions should the employer take?
5. Where should this should be reported (the husband?, State Board of Nursing? HHS? Somewhere else?)

Links:

Breach Notification Rulehttps://www.hhs.gov/hipaa/for-professionals/breach-notification/index.html

AMA (1995). HIPAA Violations & Enforcement:https://www.ama-assn.org/practice-management/hipaa-violations-enforcement

Opis Mgmt. v. Sec., Fla. Agency for Health Care, 713 F.3d 1291 (2013):https://www.leagle.com/decision/infco20130409080

Center for Peer Review Justice (2012).The Health Care Quality Improvement Act of 1986.Retrieved fromhttp://www.hcqia.net/