report maryland patient privacy violation

If you wish to file a complaint about the care or treatment you or a family member received or did not receive at a nursing home facility, please call the Office of Health Care Quality at (410) 402-8108, or ​ file a complaint. If you would like to send an email complaint on a nursing home facility, please send it to: nh.complaints@maryland.gov.

Full Answer

Can a psychiatrist release confidential information in Maryland?

Under Maryland law, psychiatrists are legally compelled to release confidential information if they become aware of child abuse or neglect. The relevant statute in the Maryland Annotated Code can be found in Family Law § 5-704.

What happens if a licensee breaches the Maryland Medical Practice Act?

If the Board has a reasonable basis to conclude that a breach of the Maryland Medical Practice Act has occurred, charges are then brought against the licensee. The accused individual then has the opportunity to defend himself/herself before an administrative law judge in a formal administrative hearing.

What are a physician’s rights to patient confidentiality?

“A physician shall respect the rights of patients, colleagues, and other health professionals, and shall safeguard patient confidences and privacy within the constraints of the law.” According to the APA Annotations for Section 4 (not reproduced in its entirety):

How do I file a complaint about a nursing home in Maryland?

If you wish to file a complaint about the care or treatment you or a family member received or did not receive at a nursing home facility, please call the Office of Health Care Quality at (410) 402-8108, or ​ file a complaint. If you would like to send an email complaint on a nursing home facility, please send it to: nh.complaints@maryland.gov .

What happens if someone accidentally violates the HIPAA privacy Rule?

The minimum fine is $10,000 per violation up to a maximum of $250,000 for repeat violations. Tier 4 is reserved for willful neglect of HIPAA Rules with no attempt to correct the violation. The minimum penalty is $50,000 per violation up to a maximum of $1.5 million for repeat violations.

Do patients have a right to privacy?

Every health care patient has the right to privacy and confidentiality as protected by HIPAA. The health care provider should make an effort to honor these rights in each aspect of patient care.

What are six patient rights under the privacy Rule?

Right of access, right to request amendment of PHI, right to accounting of disclosures, right to request restrictions of PHI, right to request confidential communications, and right to complain of Privacy Rule violations.

Is it a HIPAA violation to disclose someone is a patient?

Releasing Patient Information to an Unauthorized Individual Disclosing PHI for purposes other than treatment, payment for healthcare, or healthcare operations (and limited other cases) is a HIPAA violation if authorization has not been received from the patient in advance.

What are the seven 7 patient rights?

The charter outlined what every person could expect when receiving care and described seven fundamental rights including: access; safety; respect; partnership; information; privacy; and giving feedback. Its use was embedded in the National Safety and Quality Health Service (NSQHS) Standards.

What are the 5 rights of a patient?

One of the recommendations to reduce medication errors and harm is to use the “five rights”: the right patient, the right drug, the right dose, the right route, and the right time.

What are examples of HIPAA violations?

Here is the list of the top 10 most common HIPAA violations, and some advice on how to avoid them.Keeping Unsecured Records. ... Unencrypted Data. ... Hacking. ... Loss or Theft of Devices. ... Lack of Employee Training. ... Gossiping / Sharing PHI. ... Employee Dishonesty. ... Improper Disposal of Records.More items...•

Should I report a security or privacy violation?

If you believe that a HIPAA-covered entity or its business associate violated your (or someone else's) health information privacy rights or committed another violation of the Privacy, Security, or Breach Notification Rules, you may file a complaint with the Office for Civil Rights (OCR).

What are the 3 rules of HIPAA?

The three HIPAA rulesThe Privacy Rule.Thee Security Rule.The Breach Notification Rule.

What are 5 HIPAA violations?

5 Most Common HIPAA Privacy ViolationsLosing Devices. ... Getting Hacked. ... Employees Dishonestly Accessing Files. ... Improper Filing and Disposing of Documents. ... Releasing Patient Information After the Authorization Period Expires.

Does talking about a patient violate HIPAA?

Yes. The HIPAA Privacy Rule is not intended to prohibit providers from talking to each other and to their patients.

Which type of patient information is not protected under HIPAA?

The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g. De-Identified Health Information.

How to file a complaint against a nursing home administrator in Maryland?

To file a complaint specifically against an individual who is a Maryland Licensed Nursing Home Administrator, please mail a completed, dated and signed Complaint Form [see form below] to the Board.

How are complaints reviewed?

Complaints are reviewed immediately upon receipt. A letter is sent to the complainant advising them that the complaint has been received by the Board and is being reviewed. If it is determined that there is not a sufficient basis to proceed with formal disciplinary action, the complainant will be advised that the matter has been closed.

Can a complaint be referred to another agency?

If it is determined during the initial review that the complaint is not under the Board’s jurisdiction, the complaint may be referred to another agency, and notice will be sent to the complainant of the contact person, and address of that other agency.

Is email a public record?

If you send us e-mail, we use the information you send us to respond to your inquiry, just as we do with written correspondence. E-mail correspondence, like mailed correspondence, may become a public record. As a public record, your correspondence could be disclosed to other parties upon their request, in accordance with Maryland's public records law.

Is Maryland.gov secure?

To ensure that Maryland.gov is secure and remains available to all users, the Maryland Department of Information Technology employs commercial software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Except for authorized law enforcement investigations, no other attempts are made to identify individual users or their usage habits. Unauthorized attempts to upload information or change information on this service are strictly prohibited and may be punishable under State and Federal laws that protect fraud and abuse of computer systems. ​

Does the Public Information Act protect personal information?

It is our policy to preserve the privacy of personal records and to protect confidential or privileged information. Such information will be disclosed publicly only as required by the Public Information Act or as necessary or permissible to carry out official duties. Under State law, these policies do not apply to information gathered for certain specified purposes, such as the investigation of a possible violation of the law. If you have any questions about these privacy policies, please e-mail support.

What is the statute for releasing confidential information in Maryland?

The statute specifies there will be “no cause of action or disciplinary action” against a mental health provider for releasing confidential information in this situation. The relevant statute in the Maryland Annotated Code can be found in Courts and Judicial Proceedings § 5-609. [This statute can be found here, but must be located by entering the name and number.]

What is the privilege of a psychiatrist in Maryland?

The patient may exercise this right to prevent a psychiatrist, called as a witness in a legal proceeding, from releasing medical records or testifying about health information. Privilege is addressed in the Annotated Code of Maryland, Courts and Judicial Proceedings §9-109.

What is privilege in medical records?

While confidentiality refers to the psychiatrist’s obligation to keep patient information private, privilege is the patient’s right to bar the release of their health information in legal situations. The patient may exercise this right to prevent a psychiatrist, called as a witness in a legal proceeding, from releasing medical records or testifying about health information. Privilege is addressed in the Annotated Code of Maryland, Courts and Judicial Proceedings §9-109. [This statute can be found here, but must be located by entering the name and number.] This statute is entitled “Communications between patient and psychiatrist or psychologist,” and was revised in 2014. The statute states:

Why is confidentiality important in psychiatric care?

Psychiatric records, including even the identification of a person as a patient, must be protected with extreme care. Confidentiality is essential to psychiatric treatment. This is based in part on the special nature of psychiatric therapy as well as on the traditional ethical relationship between physician and patient.

How many exclusions are there in Maryland?

In Maryland, there are eight specific legal exclusions to patient privilege. The last two were added in 2014. These exceptions to privilege in the statute are listed below: (1) A disclosure is necessary for the purposes of placing the patient in a facility for mental illness;

Who has the right to refuse to disclose?

The statute states: “Unless otherwise provided, in all judicial, legislative, or administrative proceedings, a patient or the patient’s authorized representative has a privilege to refuse to disclose, and to prevent a witness from disclosing:

Can a psychiatrist release confidential information?

A psychiatrist may release confidential information only with the authorization of the patient or under proper legal compulsion. The continuing duty of the psychiatrist to protect the patient includes fully apprising him/her of the connotations of waiving the privilege of privacy.

What is included in the Maryland Hospital Patient Safety Program Report?

Information regarding trends, best practices, and lessons learned from the review of reported events and root cause analyses is included in the annual Maryland Hospital Patient Safety Program Report.  The program also issues periodic Clinical Alerts and Clinical Observations​ on topics of interest.

When did hospitals report serious adverse events?

In 2004, legislation was enacted that requires hospitals to report serious adverse events that cause death or serious injury.   Serious injury is defined as a physical or mental impairment that substantially limits one or more of the major life activities of an individual and lasts more than seven days or is still present at the time of discharge.  OHCQ's Maryland Hospital Patient Safety Program reviews each event and provides feedback to the hospital on their root cause analysis.   The regulations for the program are found in COMAR 10.07.06.

What is Maryland's pledge to provide?

The State of Maryland pledges to provide constituents, businesses, customers, and stakeholders with friendly and courteous, timely and responsive, accurate and consistent, accessible and convenient, and truthful and transparent services.

What happens if a Maryland medical practice act is breached?

If the Board has a reasonable basis to conclude that a breach of the Maryland Medical Practice Act has occurred, charges are then brought against the licensee. The accused individual then has the opportunity to defend himself/herself before an administrative law judge in a formal administrative hearing.

What is disciplinary action in Maryland?

The Board takes disciplinary action when an individual violates the Maryland Medical Practice Act in a manner determined by the Board to warrant prosecution.

Why do patients get upset about medical care?

Patients often become upset about the medical care that they receive when they feel that they have been treated rudely or been made to wait too long. Often, they feel that they have been overcharged for the quality of the service they have received. As the Board reviews complaints, the physician or health care provider usually will be informed ...

How long does it take for a disciplinary hearing to be resolved?

Still, almost all of the Board's cases are resolved within 18 months and most are resolved sooner.

How long does it take for a medical board to resolve a complaint?

Cases involving standards of quality care go through a peer review in which other physicians examine the quality of care provided and issue an opinion. Because the Board provides due process to the licensees, the disciplinary process takes a long time. Still, almost all of the Board's cases are resolved within 18 months and most are resolved sooner.

Is there a violation of the Medical Practice Act?

In some cases, there may be no violation of the Medical Practice Act that rises to the level of a violation of the Medical Practice Act , but the Board is nonetheless concerned about some aspect of the provider’s conduct or performance. In such cases, the Board will send a confidential advisory letter to the provider.

Can a physician make recompense?

The Board does not have the authority to order a physician to make recompense to an individual who thinks he/she has been harmed by a physician. This type of complaint is pursued by contacting an attorney and initiating a suit in the civil justice system. Even if the Board disciplines a licensee, that information is not admissible in a civil action, even though the disciplinary action may be based on the same facts.

Who should report resident clinical activities to UMMC?

Residents performing clinical, teaching or research activities within UMMC should be reported to their Residency Training Director and/or the UMMC Director of Graduate Medical Services.

Who should report faculty in the School of Medicine?

Faculty performing teaching or research activities within the School of Medicine should be reported to the person's chair and/or the Dean. Faculty performing clinical, teaching or research activities within UMMC should be reported to the Medical Executive Committee's Committee on the Code of Professional Conduct.

Who should report sexual harassment to UMB?

Sexual Harassment by a UMB employee or by an affiliate's employee should be reported immediately to the Assistant Vice President for Student Affairs - 401-706-7117 and to the campus Director of Affirmative Action - 401-706-7302.

What should be reported immediately using the Sentinel Event Form?

Sentinel events, such as failure to be available while on call, breach of confidentiality, failure to provide transfer of responsibility for patient care, being under the influence of drugs or alcohol, etc., should be reported immediately using the Sentinel event form.