HIPAA Violations Lead to Jail Time for One Surgeon: What Does that Mean for In Home Care?
Posted on 15. Jun, 2010 by Aaron Yeagle in Articles, In-Home Care
Huping Zhou, a licensed cardiothoracic surgeon in China who was working at the UCLA School of Medicine as a researcher in 2003, was sentenced in late April to four months in jail after pleading guilty to charges related to looking at patient medical records he was not authorized to view.
According to experts, Zhou’s incarceration, the first in the nation for looking at patient files without a valid reason, should serve as a warning sign to all medical practices that times have changed when it comes to patient privacy.
I came across this interesting story recently and it struck me because I knew there are criminal penalties for HIPAA violations (as opposed to a civil penalty such as a fine) but I had never heard of any such sanctions. Any misuse of patient information should be dealt with in a severe manner, whether it happens in a hospital or in home care. What Dr. Zhou’s end-game was still remains a mystery (at least to the general public). My guess is either the investigators found some fairly incriminating evidence that he had plans to do something with the patient information, or they are looking to make an example out of him.
This got me to thinking: can violations of this nature happen in the home care industry?
The easy answer is, of course these violations can happen. Many in home care clients are elderly, have suffered from a traumatic event such as a heart attack or stroke, or are a member of some other vulnerable population. The most important lessons to be learned are what in home care providers and in home care clients can do to help avoid these situations from happening to them.
In home care providers must be cautious when hiring their caregiver staff and it is important in home care agencies have a rigorous screening process in place. This should start with a simple review of the applicant’s resume and an in-person interview. A resume and supporting documents (such as a license, CPR card, and other certificates of completion) help identify a caregiver’s credentials. An interview in which the applicant is asked the right questions gives a manager the opportunity to see if the caregiver is a genuine person and whether or not they know much about senior care or in home care in general.
These practices should be just part of the caregiver hiring process as agencies are generally required to pull a criminal history and reference checks, evaluate competencies, and sometimes send caregivers for drug screenings.
In home care clients should also take necessary precautions to ensure their information is safe and secure. For starters, ask yourself if you have a trusting relationship with your in home care agency and the caregiver they provide for you. A client should realize they are hiring the agency, so don’t be afraid to ask the in home care agency tough questions about their practices on hiring caregivers and how they go about providing services. Also ask yourself if there is good communication between you, the caregiver, and the agency and take notice if there appears to be sufficient oversight for your care.
Protecting your private information begins with surrounding yourself with people you trust and working with experienced and ethical care providers.