is it a hippa violatoon to access spmeone else's patient portal

by Lonny Wolff 3 min read

The Most Common HIPAA Violations You Should Be …

34 hours ago Jun 24, 2016 · The HIPAA Privacy Rule provides individuals with the right to access their medical and other health records from their health care providers and health plans, upon request. The Privacy Rule generally also gives the right to access the individual’s health records to a personal representative of the individual. >> Go To The Portal


So although it may not be a HIPAA violation, it may still be a problem and violate your institution's chart access policies. Many places will require that you do so through the portal, which is easier to track and control (and also allows the patient to decline to release something to the portal that they don't want you to see). Mar 27, 2021 #4

The HIPAA Privacy Rule provides individuals with the right to access their medical and other health records from their health care providers and health plans, upon request. The Privacy Rule generally also gives the right to access the individual's health records to a personal representative of the individual.

Full Answer

Is healthcare snooping a HIPAA violation?

Jun 24, 2016 · The HIPAA Privacy Rule provides individuals with the right to access their medical and other health records from their health care providers and health plans, upon request. The Privacy Rule generally also gives the right to access the individual’s health records to a personal representative of the individual.

Do patients have access to their own records under HIPAA?

Sep 09, 2019 · Patient Portals and the HIPAA Security Rule. Healthcare providers frequently allow patients to access their electronic health records (EHRs) through a patient portal. Online patient portals allow patients to view their medical records, schedule appointments, and even request refills of prescriptions, anywhere the patient has access to the Internet. Patient portals contain …

What is a HIPAA right of access violation?

Anyone can file a complaint if they believe there has been a violation of the HIPAA Rules. Learn what you'll need to submit your complaint online or in writing.

What is the second-most cited HIPAA violation?

Apr 29, 2020 · A HIPAA infringement is a failure to comply with any aspect of the standards and provisions of the HIPAA security rule. This can include the unauthorized use and disclosure of an individual’s PHI. The failure to implement administrative, technical, and physical safeguards to ensure the confidentiality of electronic PHI.

Are patient portals HIPAA compliant?

Patient healthcare portals help medical practices adhere to HIPAA regulations both by providing patients with easy access to their medical records and by using security measures to protect those records.

Are patient portals confidential?

Yes, many patient portals are secure as they have security and privacy safeguards to keep your information protected. To ensure your data remains protected from any unauthorized access, these healthcare portals are hosted on a secure connection and can be accessed via a password-protected login.Nov 11, 2021

What are the 4 most common HIPAA violations?

The 5 Most Common HIPAA ViolationsHIPAA Violation 1: A Non-encrypted Lost or Stolen Device. ... HIPAA Violation 2: Lack of Employee Training. ... HIPAA Violation 3: Database Breaches. ... HIPAA Violation 4: Gossiping/Sharing PHI. ... HIPAA Violation 5: Improper Disposal of PHI.Mar 19, 2018

What information can be shared without violating HIPAA?

A covered entity is permitted, but not required, to use and disclose protected health information, without an individual's authorization, for the following purposes or situations: (1) To the Individual (unless required for access or accounting of disclosures); (2) Treatment, Payment, and Health Care Operations; (3) ...Dec 28, 2000

What safeguards are in place for patient portals?

Patient portals have privacy and security safeguards in place to protect your health information. To make sure that your private health information is safe from unauthorized access, patient portals are hosted on a secure connection and accessed via an encrypted, password-protected logon.

What information can be accessed through a patient portal?

A patient portal is a secure online website that gives patients convenient, 24-hour access to personal health information from anywhere with an Internet connection. Using a secure username and password, patients can view health information such as: Recent doctor visits. Discharge summaries.Sep 29, 2017

What qualifies as a HIPAA violation?

What is a HIPAA Violation? The Health Insurance Portability and Accountability, or HIPAA, violations happen when the acquisition, access, use or disclosure of Protected Health Information (PHI) is done in a way that results in a significant personal risk of the patient.Jul 3, 2018

Can a non medical person violate HIPAA?

No, it is not a HIPAA violation. Yes, HIPAA applies only to healthcare providers; however, fiduciaries owe a duty of confidentiality.Mar 2, 2021

What are 3 common HIPAA violations?

What Are Some Common HIPAA Violations?Stolen/lost laptop.Stolen/lost smart phone.Stolen/lost USB device.Malware incident.Ransomware attack.Hacking.Business associate breach.EHR breach.More items...•Dec 17, 2021

Can a family member violate HIPAA?

Her scenario isn't common among healthcare organizations. Yet, I retold her story to show you that, although rare, family members can violate HIPAA.Mar 16, 2021

Is disclosing a patient's name HIPAA violation?

It is not a HIPAA violation to email patient names per se, although patient names and other PHI should not be included in the subject lines of emails as the information could easily be viewed by unauthorized individuals.Jan 14, 2022

What is confidential patient?

Confidential patient information is information that both identifies the patient, and includes some information about their medical condition or treatment. Any of the types of data could be confidential patient information under certain circumstances.Aug 2, 2019

What does it mean to “reduce risk to an appropriate and acceptable level”?

When potential risks and vulnerabilities are identified, covered entities and business associates have to decide what measures to implement accordi...

How is it possible to prevent employees snooping on healthcare records?

Although many cases of healthcare snooping are attributable to curiosity rather than malicious intent, all cases of healthcare snooping are HIPAA v...

If encryption is not mandatory, how can it be a HIPAA violation if records are unencrypted?

Although encryption is not mandatory, it is an addressable implementation specification of the Security Rule. This means organizations can only avo...

Why was the fine for denying patients access to health records so high?

In this particular case, the non-cooperation of the covered entity contributed to the size of the fine (you can read about the case here). Since th...

What is the HIPAA Privacy Rule?

The HIPAA Privacy Rule provides individuals with the right to access their medical and other health records from their health care providers and health plans, upon request. The Privacy Rule generally also gives the right to access the individual’s health records to a personal representative of the individual.

Can a covered entity share information with a family member?

In cases where the individual is incapacitated, a covered entity may share the individual’s information with the family member or other person if the covered entity determines, based on professional judgment, that the disclosure is in the best interest of the individual . If the individual is deceased, a covered entity may make ...

How can covered entities address their obligations under the HIPAA Security Rule?

Covered entities can address their obligations under the HIPAA Security Rule by working with Compliancy Group to develop required Security Rule safeguards.

What is an EPHI?

ePHI is defined as any protected health information (PHI) that is created, stored, transmitted, or received in any electronic format or media.

What is multifactor authentication?

Multifactor authentication, known as MFA, requires users to provide multiple ways to authenticate that it is them, such entering as a password in combination with a fingerprint scan, or a password in combination with a code sent to their phone for one-time use.

How many patient records have been breached in 2019?

Through the first half of June of 2019, 25 million patient records have already been breached. Many of these breaches have been caused by hackers, who sell patient records on the black market and dark web. In light of these startling figures, MFA is an eminently reasonable and appropriate cybersecurity measure.

What is the person or entity authentication standard?

One standard with which covered entities and business associates must comply is known as the Person or Entity Authentication standard. This standard requires an organization to “Implement procedures to verify that a person or entity seeking access to electronic protected health information is the one claimed.”.

Complaint Process

Anyone can file a complaint if they believe there has been a violation of the HIPAA Rules. Learn what you'll need to submit your complaint online or in writing.

Filing a Patient Safety Confidentiality Complaint

Read about the Patient Safety Confidentiality Act and how to file a complaint online or in writing.

What to Expect

Learn how OCR investigates your complaint and what happens after the investigation is complete.

How are HIPAA violations discovered?

HIPAA infringements are usually discovered in one of three ways: Investigations into a data breach conducted by the Office for Civil Rights (OCR) or by the state attorney general. Investigations into complaints about covered entities and business associates. An external HIPAA compliance audit.

What is the HIPAA Privacy Rule?

Aside from the HIPAA privacy rule, covered entities are also governed by The Privacy Rule. They set standards for protecting PHI, and The Security Rule, which specifies safeguards for protecting the confidentiality, integrity, and availability of electronic Protected Health Information (ePHI).

What is HIPAA law?

HIPAA is the acronym for the Health Insurance Portability and Accountability Act passed by Congress in 1996. The federal law protects the privacy rights of individuals in the US. They establish a set of standards to protect against the unauthorized disclosure of sensitive and individually identifiable Protected Health Information (PHI).

What is HIPAA compliant?

Prohibit an employer from requesting information relating to benefit programs, disability compensation, wellness programs, or healthcare coverage. Prevent an employer from maintaining employment records, providing healthcare service providers and insurers are HIPAA compliant.

What is an OCR investigation?

Investigations include conducting compliance reviews and performing education and outreach programs. In the event a non-compliance issue ocurrs, the OCR will attempt to obtain voluntary compliance, corrective actions, and/or a resolution agreement.

How much is a willful neglect fine?

Fines for “reasonable cause” violations range from $100 to $50,000. Penalties for “willful neglect” violations can range from $10,000 to $50,000 and can result in criminal charges.

Where can I find HIPAA guidelines?

One can find HIPAA guidelines (as well as explore them) in the U.S. Department of Health & Human Services’ Office for Civil Rights (OCR). Any company or individual that comes into contact with PHI must implement appropriate policies and procedures.

Why was Premom sued?

A fertility-tracking app called Premom got sued due to its alleged data-sharing practices with three companies connected to China.

When did HIPAA start?

HIPAA dates back to 1996 , and most people would agree that internet usage was drastically different then. HIPAA’s original content could not wholly account for that evolution, which is why periodic updates become necessary. That will likely remain true, especially as data access becomes even more accessible through online platforms.

Does HIPAA allow for unreasonable requests?

HIPAA also contains rules that allow patients to request certain types of protected health information (PHI) from entities covered under the privacy framework. However, recently published guidance includes scenarios that constitute unreasonable requests from an information holder.

Will HIPAA be used in 2021?

Department of Health and Human Services (HHS) announced that entities covered under HIPAA could use vaccine-scheduling apps to help people get COVID-19 vaccinations during the health crisis, even if those tools were not fully HIPAA-compliant.

What is HIPAA Privacy?

What Is HIPAA? The Health Insurance Portability and Accountability Act (HIPAA) protects patients’ privacy by limiting access to PHI (Protected Health Information) and governing acceptable use of their health data. The HIPAA Privacy Rule is composed of national regulations for the use and disclosure of PHI in healthcare treatment, payment, ...

How much is an EPHI violation fine?

A covered entity that did not know and could not have reasonably known of an ePHI breach could be fined $100-$50,000 per incident and up to $1.5 Million.

What are the controls for access control?

Access controls must include unique user identification, emergency access procedure, and automatic logoff. According to HIPAA, the information in a medical patient portal should be encrypted at all times – at rest and in transit.

Is PHI included in HIPAA notifications?

HIPAA compliant messaging requires you to exclude PHI in an SMS, email, push, or IVR notification. If you do include PHI in a notification, have your patients accept terms and conditions which permit you to use limited PHI in your notifications, clearly defining what PHI is included. Always use a HIPAA-Compliant Hosting Service.

What are the elements of a date?

All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, date of death, and more. Any other unique identifying number, characteristic, or code (note this does not mean the unique code assigned by the investigator to code the data)

What is protected health information?

Protected Health Information (PHI) is any information that is held by a covered entity regarding a patient’s health status, provision of health care, or health care payment.

Who is Kirsty from Bridge Patient Portal?

Community Manager at Bridge Patient Portal. Kirsty is an experienced marketer with a demonstrated history of working in the medical and software industry. She is skilled in digital marketing, including SEO copywriting. Kirsty marries her passion for healthcare with her experience in digital marketing.

Is patient confidentiality important in medical records?

Patient confidentiality is an essential part of medical record keeping. While not sharing private information is one of the most advertised aspects of HIPAA, medical staff need to remember that the patients themselves must have access to their own, individual records.#N#With the cost of HIPAA violation fines and the damage a security breach can do to a company's reputation, healthcare organizations can't afford any mistakes when it comes to patient rights to information and privacy. That's why using a healthcare centered record keeping software is so critical in today's medical field.

Who is Kevin Nuemd?

An avid traveler and news junkie, Kevin covers a range of topics from healthcare technology to policy and regulations. As a former journalism student, he enjoys finding stories relevant to small practices and is passionate about keeping them informed. Before joining NueMD, Kevin worked for Turner Broadcasting as a Programming Intern where he conducted legal research and contributed to editorial content development. He received his bachelor's degree in Communication from Kennesaw State University and currently serves as the Industry News Editor at NueMD.