Dr . Plummer
MKT 3610-W1 Fall 2014
16 The fall of 2014
Ethical, Social, & Political Concerns in Web commerce: Criminal The liability & HIPAA Criminal Responsibility is defined as the obligation for any unlawful behavior that triggers harm or damage to something or someone. 1 Lawbreaker Liability merely so actually is the center of the case concerning Andrea Jones from Trumann, Arkansas. Hazel Smith violated the Health Insurance Portability and Accountability Work, or HIPAA as most persons know it.
Companies and a poor00 wrongfully utilized protected health information can confront not only criminal consequences under HIPAA, but also criminal prosecution under quite a few other government criminal laws. 2 In this instance, Andrea Johnson intentionally violated Health Insurance Possibility and Liability Act regulations.
In the article by U. S. Office of Overall health & Man Services, Understanding Health Information Privateness, it briefly describes how HIPAA works: " The HIPAA Privateness Rule gives federal protections for individually identifiable health information held by simply covered agencies and their work associates and gives sufferers an array of legal rights with respect to that information. Simultaneously, the Privateness Rule is balanced so that it permits the disclosure of health information required for patient proper care and other essential purposes. The Security Rule specifies a series of management, physical, and technical safe guards for protected entities and their business associates to work with to assure the confidentiality, ethics, and accessibility to electronic guarded health information. вЂќ3
This is also deemed a white-collar crime. Relating to Wikipedia, typical white-collar crimes include: fraud, bribery, Ponzi techniques, insider trading, embezzlement, cybercrime, copyright intrusion, money washing, identity robbery, and forgery. 4 This type of case engaged bribery, fraud, and cybercrime.
This case was prosecuted by the U. S i9000. Attorney's office in the Asian District of Arkansas. your five It also proved to the public that there is a heightened level of adjustment by the authorities of the lawbreaker
sanctions manipulated in the national medical privateness law. This kind of sanctions happen to be enclosed within the administrative copie provisions of HIPAA. 6
Andrea Johnson was a accredited practical health professional who proved helpful in a medical clinic, referred to as Northeast Arkansas Clinic (NEAC), in Jonesboro, Arkansas. Johnson purposely gathered protected patient information illegitimately while doing work at the clinic, according to the indictment of the case. The lady accessed the protected health information from a medical record of an unidentified patient, who was a current sufferer at the medical clinic, on The fall of 28, 2006.
After getting the personal medical records of the patient, Andrea later shared the information with her spouse, Justin Johnson, for personal gain. Her partner, in turn, known as to inform the sufferer that very time that having been going to make use of the information up against the patient in an " forthcoming legal proceedingвЂќ. 7 There is no certain information on the upcoming court case of the patient or vise versa between Andrea and Justin Johnson. Andrea Jones openly distributed protected exclusive health information with her spouse, who had not been an employee in the clinic, neither had a romantic relationship with the affected person to receive the information legally. Consequently , as a punishment, in 12 , 2008 Andrea Smith was sentenced by the United States Legal professional Eastern Area of Arkansas's office to probation and community assistance. 8 Donna Smith and her hubby, Justin, broken the HIPAA administrative copie act. They planned and conspired to wrongfully make use of and divulge the shielded personal health information for personal gain and profit. For doing this, on December 5, 2007, they were indicted on costs of conspiracy theory to violate, and dedicate substantive violations of, the HIPAA level of privacy provisions. In conjunction with a request agreement with all the United...
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Dimick, Chris. " Nurse Charged over HIPAA Breach. " Journal of Ahima. American
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Wood, Debra. " Nurse Pleads Accountable to HIPAA Violation. " Nurse Sector. AMN