LAWS, POLICIES AND REGULATIONS VIOLATED
Laws, Policies, and Regulations violated
The Privacy Act of 1974 has been violated. The Privacy Act lays out how information should be kept and handled in a system of records. An individual’s information should not be disclosed to any person or agency except with written request or prior consent from the individual whose information is being disclosed. However, an individual’s information may be disclosed without his/her consent in the following circumstances: when the FOIA requires release for the bureau to conduct the census; for statistical research and reporting in which individuals will not be identified; to civil or criminal enforcement under U.S control upon written request; for compelling circumstances affecting the health and safety of the requestor, to either house of Congress; to the comptroller general for use by the Government according to Office; pursuant to a court order; to a conference following the Debt Collection Act and to employees of the agency which maintains the record-to-know legitimate need-to- know. The Scenario does not fall within the allowed criteria under which an individual’s information may be rightfully disclosed. Therefore, the Privacy Act has been violated.
The HIPAA Security Rule has been violated. The HIPAA Security Rule mandates health care providers like physicians to ensure patient’s electronically-stored health information. The physicians must use appropriate physical, technical, and administrative safeguards to ensure patient information security, confidentiality, and integrity. Physicians must put physical safeguards to prevent unauthorized access to patient information. Technical safeguards require physicians to place the necessary technology required to protect patient information, and administrative safeguards require appropriate policies and procedures. In this Scenario, Patrick has failed to use appropriate physical and administrative security to ensure patient information safe. Patrick’s Pharmacy leaves the log sitting visibly on the counter. It contains the patient’s personal information such as name, address, insurance, phone number, and the drugs they are purchasing from the Pharmacy.
Hospital policies have also been violated. The hospital policies advocate for patients and visitors to be handled appropriately, ensure the Staff is complying with the rules and regulations of an organization, the personal hygiene of the Staff is being maintained, the skill set of the Staff is improved, medicine is appropriately handled during shipping and over the counter to avoid mistake and accidents, treatment is readily available to outpatients and information of the patient is taken care of, and private information is handled as such. In this Scenario, the hospital policies have been violated because the Staff has failed to comply with the rules and regulations of an organization, which requires the Staff to handle information with utmost confidentiality and security.
The Pharmacy should put up proper physical and administrative safeguards to ensure the customer’s individual information’s safety and confidentiality. Additionally, the Pharmacy should train its Staff on how to store and handle information from patients. The Staff should be trained on the requirements set out in the Privacy Act of 1974 and the HIPAA Security Rule. The Pharmacy should also encourage its visitors to act with decency and utmost respect.
Health Insurance, Portability and Accountability Act (HIPAA) Security Rule
Privacy Act of 1974
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