The cloud is handy when it comes to storing medical records, as it offers hospital staff almost limitless access and storage. But it can also present a bit of a thunderstorm when it comes to patient privacy. Richard Kellner, cofounder of Kabateck Brown Kellner, in a story in The Recorder, LTN’s sister publication, points out some of the areas in which the cloud may rain on your liability parade:
The Confidentiality of Medical Information Act: Kellner said the CMIA provides a mechanism for collecting statutory damages. Each unauthorized release of a medical record or information may be subject to a $1,000 penalty under the CMIA, and, recently, the California Court of Appeal for the Second District reaffirmed the broad scope of it, in Regents of University of California v. Superior Court. “The court ruled that the term 'release' under the CMIA includes negligence that has made the medical records accessible to third parties,” Kellner explained.
The Health Insurance Portability and Accountability Act: Under HIPAA, medical organizations and providers must safeguard health information and records from both unintentional and negligent disclosure, said Kellner. The act also requires them to have systems in place to prevent this from happening, even when using outside vendors. “The hospital or medical provider has a nondelegable duty under the law to make sure that the confidentiality of medical records is maintained,” he explained.
Attorney Marlisse Silver Sweeney is a freelance writer based in Vancouver. Email: MarlisseSilverSweeney@gmail.com. Twitter: @MarlisseSS; LTN: @lawtechnews.
No comments:
Post a Comment