And what exactly is the penalty for letting someone see this patient log? Who do you think is going to sue the facility? Barack Obama’s executive branch? Barack Obama? Stanley Dunham?
Is there a fine? Will the facility be closed?
The patient is dead. Does HIPAA cover dead people?
HIPAA exempts directory information from disclosure restrictions. sometimes lurkers simply likes to confuse this issue. There’s no law preventing Kapiolani Hospital from confirming whether or not Obama was born there.
A person who knowingly obtains or discloses individually identifiable health information in violation of the Privacy Rule may face a criminal penalty of up to $50,000 and up to one-year imprisonment. The criminal penalties increase to $100,000 and up to five years imprisonment if the wrongful conduct involves false pretenses, and to $250,000 and up to 10 years imprisonment if the wrongful conduct involves the intent to sell, transfer, or use identifiable health information for commercial advantage, personal gain or malicious harm. The Department of Justice is responsible for criminal prosecutions under the Privacy Rule.
Who do you think is going to sue the facility? Barack Obama’s executive branch? Barack Obama? Stanley Dunham?
The Department of Justice is responsible for criminal prosecutions under the Privacy Rule.Above two quotes from the HHS website.
Is there a fine?
As above, the fine could be as high as 250,000 if it is judged to be for commercial advantage, personal gain, or malicious harm.
Will the facility be closed?
No. Fined, with the possibility of those responsible serving jail terms.
The patient is dead. Does HIPAA cover dead people?
Yes. See this article.