HIPAA Penalties - What You Need To Know About Them

The Health Insurance Portability and Accountability Act (HIPAA) requires that confidential medical information of patients be safeguarded by health care service providers who have access to it. There are various guidelines stipulated for HIPAA adherence and anyone found violating it would have to pay penalties in civil proceedings and may also have to face imprisonment for criminal proceedings. Criminal penalties would attract both fines and imprisonment depending on the nature of the offence.

The HIPAA act was passed to protect the privacy of patients and all "covered entities" stipulated by the act need to train their employees about the various safety guidelines that need to be followed. Any violation of the various rules and regulations of HIPAA would attract a penalty. The penalties can be both civil and criminal.

Top 6 Things That You Need To Know About HIPAA Penalties

1. There are numerous instances where health care providers and insurance companies do not adhere to the various rules and regulations of HIPAA as they do not have adequate knowledge about it. However lack of knowledge will not allow them to escape the minimum penalty of $100 per violation. The maximum penalty that can be imposed on the health care providers who will have access to the confidential information of patients and who have committed any violation will be $25,000 in a year.

2. Civil penalties cannot be imposed on individuals by the Secretary of The Department of Health and Human Services if they had committed the violation unknowingly. The individuals would be asked to correct the violation within a period of thirty days. However if it was done due to negligence that was willful, civil penalties can be imposed.

3. If the violations had not been corrected within 30 days then the penalty can be increased to $50,000 per violation and $1.5 million annually for repeated offences. Individuals can also ask for an extended time period to correct it and if the violation is still not corrected within the extended period penalties can again be imposed.

4. If the violation committed by the individual and health care provider is done knowingly the penalty that will be imposed will be higher. Every violation will attract a fine of $1000 and the maximum penalties that can be imposed in a year are $100,000.

5. If the Health Insurance Portability and Accountability Act violation is done willingly then there can be criminal proceedings initiated against the health care providers. There can be a fine of $50,000 per violation and this would be in addition to an imprisonment of one year. The penalty and imprisonment period will be increased if the HIPAA act is violated due to false pretences. In such instances the penalty is $100,000 with an imprisonment of five years.

6. The confidential information of patients can be accessed and sold for commercial purposes and if there is such a violation the imprisonment will be ten years with penalty of $250,000.

Depending on the nature of the violation and the extent to which it was committed the fines and imprisonment periods can vary.

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Health Insurance Deductibles

Health insurance plans have changed in America over the last few decades. When insurance first became available there were no co payments for prescription drugs and doctor visits. There were no benefits for preventive care services through your insurance plan. Those plans primarily focused on major medical surgery and emergency room situations. Every medical expense was subject to a deductible before the insurance would pay anything. The deductibles were lower than they are today. But a $50-$100 dollar deductible wasn't cheap when it was normal. The reason for the deductible is to lower the monthly costs. The higher the deductible, the lower the monthly cost because the insurance company would be less likely to incur a cost the higher the deductible goes.

This is a major consideration in the price of your insurance each month. If you think you are paying too much for insurance, many Americans will choose a higher deductible. These days a deductible of 1000 or 2500 is not unusual. While that is a lot to pay out of pocket in the event of an illness, nobody is required to pay it if they do not get sick or injured. It is not unusual for someone to have a plan for ten or twenty years without paying anything toward a deductible if they are healthy and do not use medical services. Doctors visits for sickness and wellness check-ups that people might use once or twice a year might be a few hundred dollars out of your pocket. But the savings in monthly premiums could more than make up for that amount each year.

This is where they came up with the concept of Health Savings Accounts (HSA). Health savings accounts couple a high deductible health plan (HDHP) with a tax free savings account to try to keep costs under control. These plans are also known as consumer driven health care plans. The reason for this is that the consumer is more likely to reconsider the doctor visit or expensive and questionable test if they have to pay for it out of their pocket rather than paying a single co payment for everything they do. Most HSA's come with plans with a 2500 or 5000 deductible. The insurance will not pay anything until that deductible is met except for a free annual physical each year. These plans offer more savings if you put the money to pay for the deductible in a savings account that acts much like an IRA. Individuals and families can take the money they put into the savings account off of their taxes. This way if they need to satisfy the deductible for a medical claim, they have the money in a savings account. The high deductible causes lower premiums for the insurance. So if they don't use the medical insurance they get to keep the money. Consider higher deductibles to lower your medical insurance costs.

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Medicare Advantage Plans To Cost Less In 2012

You may have heard a few depressing predictions that the Medicare Advantage Plans from private insurers would soon either reduce coverage benefits, or raise premiums. So far, nothing could be farther from the truth. The Obama administration has said that nearly 12 million of the beneficiaries enrolled in Medicare Advantage Plans will see their monthly premiums drop by an average of four percent next year, but the benefits will stay the same.

About one quarter of all Medicare beneficiaries are now enrolled in Advantage Plans according to the Deputy Administrator of the Centers for Medicare and Medicaid Services (CMS), Jonathan Blum. He expects enrollment to increase by 10 percent next year because these plans are also cutting the out-of-pocket expense that beneficiaries have. The plans will lower both co-payments and deductibles.

To give you an idea of what price range we're talking about, the average Medicare Advantage monthly premium is around $39 this year, according to the Kaiser Family Foundation. The economic downturn, recession, or whatever you want to call it has actually driven the cost of coverage downward.

Advantage plan members have used minimal health care services during the downturn, and the insurers have had fewer claims to cover. That means they didn't have to spend as much of the premiums they took in as they expected.

There's also another incentive for insurers to keep the cost of their Medicare Advantage Plans low. These plans typically offer coverage for prescription drugs, which puts them in competition with Medicare Prescription Drug plans that are also known as Part D. The Obama administration just announced that the cost for Part D Prescription plans would also be decreasing slightly.

What Fueled Predictions That Medicare Advantage Plans Would Cost More?

The government pays more per capita for private plan beneficiaries than it does for those enrolled in traditional Medicare. Federal payments to Medicare Advantage Plans were actually frozen this year, and payment cuts are expected. In 2012, payments will be dropping by less than one percent to many, but not all, MA plans.

Many claimed that premiums would have to go up to compensate for the reduction in federal funding. They didn't figure in other factors, like the insurers spending less for claims or five-star plans getting increased federal funding.

Health care reform is providing billions of dollars in the form of quality bonuses for plans that earn four to five stars on a five-star grading system. Almost 90 percent of people enrolled in an Advantage plan could benefit if their plan earns a bonus. Before you get too excited, the plans did not score well this year, but it's hoped that more will make the cut in 2012.

If you haven't looked at the Advantage plans available in your area, you have until December 7 to explore those options. After that, you won't be able to sign up for another year with just two exceptions. If you're new to Medicare you can enroll in an MA plan in place of traditional Medicare. And second, any MA Plans that earn five-star ratings are allowed to sign people up throughout the year.

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Enjoy the Health Security With the Basic Health Insurance

The health care costs are going beyond the affordability scale for many people. They find it difficult to seek quality medical treatment. The uninsured are more likely to face such challenges as they have to pay the medical expenses from their pocket. The high medical cost makes them lose a major part of their savings. Thus the uninsured gets under the monetary stress whenever fallen in need of health care. The ratio of uninsured being more than the insured, reflects the possibility of higher number of people facing the financial challenge during emergency.

In coming years the medical expenses are going to step up further. Thus the quality treatment is going to be highly unaffordable for majority of people. To resolve this critical problem, basic health insurance is an appropriate tool. It plays the role of a rescuer that safeguards people from the monetary strain. It is essential for people to understand the relevance of a health cover. It is of much use for people in case of any health exigency. The reasonable premium cost makes the health plans highly affordable by people.

At the name of hospital, everyone gets alarmed by the thought of treatment expenses. The person may have to visit the hospital due to unanticipated incidents in life. The unpredictable health disorders arises the need of medication. In such cases the health care expenses becomes a reason of worry. In case of an emergency the foremost need is the health treatment. But the financial constraints curb the path of many people. However, there is a secured way to deal with this problem. By availing a health policy you can get yourself secured from the paltry tension of bill payment.

The countless plans available make the process much easier for people. They not only give you the wider choice but also an affordable way to feel protected. There is a long list of cost effective plans that can find place in anyone's budget. Everyone can afford a reasonable amount than the high medical cost. Working towards the overall health security of people, the health insurers have formulated the innumerable reasonable health coverage plans. Available at low premium cost, these policies makes the best health care facilities well in reach for all.

Basic health insurance plans are equipped with the long list of benefits. They give peace of mind to the insured by removing the huge barrier of monetary stress. From the readily available health plans, you can select the best plan as per your health needs. It entitles the policy holder to seek best health treatment from the medical experts without worrying about their fees. The health insurance allows the insured to pass on the list of medical bills to the insurer who takes the responsibility of settling the bills with the hospital.

Once the person is under the insurance cover, he/ she need not get bothered about the medical expenses. Some people keep certain savings to meet future health care needs. But nobody can judge the amount of financial expenditure one can incur in that. The basic health insurance plays an active role here. It gives you a wide ranging coverage as per the specific terms and conditions of the policy. It enables the insured to avail the best health care services as and when required. However it is crucial to select an appropriate plan. The rich availability of plans in the insurance market also perplexes people. From this selection of innumerable plans you must make a right choice.

Variety of health plans are available today. They are designed with varied features serving the purpose of providing security against various health risks. Thus you must begin by analyzing your health needs first. It will help you short list a plan that can meet your health requirements. The wrong selection in this case will not cater you with the expected services. So it is better to devote some time while buying a plan than to regret later. It is not advisable to overlook the terms and conditions of the policy. Along with a careful look at the premium cost you must indulge into a thorough study. Operating through the user friendly means of online portals, the internet allows you to compare the plans. You can easily go through the number of plans and compare them on the crucial grounds of benefits, coverage limit and insurance cost. It will assist you to land up with the most suitable basic health insurance plan.

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Affordable Health Insurance Makes Arrangement for Future Health Security

Financial issues are the most crucial and the sensitive issues in life. Everyone wants to save money for which they think of alternatives. In an attempt to curtail the expenses in life, one should not ignore the health care requirements. If in life, a person falls ill or faces any severe health ailment, the medical bills poses as a challenge. Admission to a hospital and seeking treatment is not in everyone's reach today. Any unforeseen event in life results in all savings getting vanished away in mere few days. In such cases the health cover acts as a weapon against uncertain monetary risk.

People tend to ignore the beforehand preparation for any health risk. Most of them prefer to pay the hospital expenditure from their pocket. This is the result that they do not realize the relevance of a health cover. The medical treatment cost stands above as compared to the premium cost. An affordable health insurance provides financial security with the benefit of quality treatment.

The innumerable cost effective plans are in the list that insurers offer. Paying for such plans is not difficult as they don't have huge premium amount associated with them. It just requires a careful look at adjusting this premium amount in your budget. The reasonable plans look after the health needs of the insured. They provide coverage and are there to settle the medical expenses that may come upon unexpectedly. It is the insurer who settles the medical bills with the hospital.

These reasonable plans easily finds place in the budget of all income level people. They eliminate the hassles in the path of quality health care services. The health cover provides the financial security that ventilates the monetary stress during the medical emergency. Any serious health ailment puts a question mark on the savings that a person has in store. An affordable health insurance is an answer to all such critical questions. It makes the quality medication accessible and affordable to all.

The expansion of insurance sector has resulted in increasing the number of policies. It has lead to the wider choice for people. Today innumerable health plans are available in market. But to select a health cover for oneself it requires an extensive research. The readily available information makes the work simpler for all. The person can lay access to numerous health policies.

Amidst the enormous health plans, one has to make the right selection. It is essential to select a plan that can meet most of your health needs. Various plans are at display that can cater the specific health risk. Thus the interested must analyze one's own health preferences first. It is better to devote some time so as to acquire the most suitable plan than to regret later for having invested in the wrong plan. There have been cases where people have suffered the difficulties in getting claims. So it is advisable to delve into a thorough study.

Considering the health needs of people the insurer have designed products of benefits. The reasonable health coverage plan aims at providing quality health care in cost effective rates. It safeguards the insured from the burden of medication expenses. Clearing the path, an affordable health insurance makes the best medical care accessible for all. The insured is simply required to pay the premium amount at the time policy issuance. The reasonable premium is easy to afford by all income groups.

One must pick up the plan that can best serve your health requirements. In addition the premium cost should make comfortable space in your budget without disturbing it. The comparison is another important step in the process of selection. The individual must cross check the plans on the crucial parameters like exclusions, coverage limit and associated terms.

The increasing cost of living has raised the medical cost as well. It thus becomes necessary to avail a health cover. It is the only and the best solution that resolves the problem of medical expenditure. A health cover is devised to offer financial coverage to the policy holder. It makes the insured feel protected against the medical contingencies. It protects the insured from the peril of the medical expenses. Hence it clears the path towards the quality treatment allowing the policy holder to avail the best health services.

These plans take care of health needs at the crucial moment. The insured takes the benefit of visiting the doctor without worrying about the treatment charges. These plans have proved of great help to people. The unplanned expenditure that accompanies any unpredictable event in life brings a complex situation for many. People find it difficult to cope with the high medical cost. At times the treatment cost exceeds the budget frame of many. Seeking treatment is not as difficult as coping up the hospital charges. Such instances hamper the financial stability. It generates a threat on the hard earned money of people. Thus it is suggested to take a protective measure before any such situation comes in life. It would be justified to buy a health cover. The affordable health insurance assists the individual to settle the huge medical bills yet avail the quality treatment.

While purchasing the plan a reputed insurer is a must watch feature. Only a trusted insurer like Apollo Munich can promise the delivery of benefits as and when required. Its easily affordable health insurance plan allows all to get insured as per their budget allowance.

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What Are The HIPAA Regulations For Patients

The Health Insurance Portability and Accountability Act (HIPAA) that was passed in 1996 aims to provide quality healthcare coverage plan to all employees and their families and seek to safeguard the protected information of patients against any misuse. There are many safeguards that are provided by HIPAA and this ensures that all information pertaining to the patients is safeguarded.

There are various organizations that are classified as "covered entities" as per Health Insurance Portability and Accountability Act and they would need to comply with all the provisions of the Act. The covered entities include doctors, nurses, hospitals, clinics, laboratories, pharmacies and health insurance companies. All staff employed in these organizations (covered entities) and who will have access to confidential information of patients will need to be adequately trained about the rules and regulations of HIPAA.

Top 7 HIPAA Regulations For Patients

The medical records of patients are usually accessed by doctors, nurses and other people in the health care industry for treatment or for other purposes. The patients will have the right to deny access to their medical records by anyone other than the doctor. There can also be restrictions imposed by the patient on the sharing of medical records with family and friends. Although patients can restrict the sharing of protected information, doctors might not be able to comply with their request at all times. Physicians would have to share information with nurses and other staff to provide treatment and it would not be possible to restrict the sharing of protected information due to this. The Health Insurance Portability and Accountability Act allows the patients the right to be contacted at an alternate phone number and address, if they do not want their family members and friends to know about their medical condition. The patients can also request the doctor to provide them with their medical records. Although the patient might be able to review all medical records the physician may restrict access to part or complete information if they feel that this can be harmful to the patient. If there are any errors in the protected information of patients, you will be able to make requests for any suitable amendments to it. The changes will need to be made within 90 days from the date of the request. The confidential information of patients cannot be used for commercial purposes and Health Insurance Portability and Accountability Act prohibits such usage. Medical records of patients cannot be provided to employers by health insurance companies without the permission of the employee.

All these Health Insurance Portability and Accountability Act regulations will ensure that the protected information of patients is safeguarded and any sort of misuse is prevented. If the patient becomes aware of any violation of HIPAA they can report it to the covered entities so that suitable remedial action can be taken.

Any violation that is reported needs to be corrected within a time period of 30 days and this can be extended for a further period too. If the violation is not corrected it can lead to penalties depending on the extent of the violation.

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Effects of Traumatic Brain Injuries

After a Traumatic Brain Injury (TBI), basic everyday activities such as spelling, reading, writing, and simple math may prove to be very difficult. Decision making may be skewed, and activities such as driving may need to be avoided. Concentration will be more difficult. Short term memory may be effected for a long period of time.

Communication problems

Individuals with a TBI may find their social and professional life adversely affected because they are unable to effectually communicate with others. Changes in simple, everyday tasks such as staying on topic, using the correct level of voice volume, facial expressions, and conversation pace may be extremely noticeable. They may also develop speech impediments because they lose control of lip and tongue muscles.

Physical problems

Brain injuries will have a severe effect on the body's control of muscles. Therefore, significant physical problems can be a direct result of a TBI. The body may feel weaker, and therefore a person will be more lethargic. Paralysis, change in sexual function, altered senses, and changes to sleep patterns may occur following a TBI.

Behavioral problems

Personality changes occur after a head injury. A person may have a lack of social skills, be more irritable, unable to show empathy, and subject mood swings. Depression is often the foremost concern of doctors who recognize their patient's personality changing due to a TBI.

Unfortunately, medical negligence is sometimes the cause of a TBI. Negligence can also result in a delay of treatment or incorrect diagnosis. Victims of this form of mistreatment may be able to take legal action to seek compensation.

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Are You The Victim of Resident Malpractice?

Residents are physicians who are still completing their training and work under a more established doctor who is known as an attending. Residents are actual doctors; however they are still completing their education. Often times, these doctors are extremely proficient in their area of expertise and perhaps try even harder than their more experienced counterparts. Since they are working on their careers and attempting to establish a good reputation and name for themselves, top notch service, care, and diagnoses play a pivotal role.

As is the case with any type of doctor in any field, most residents do their job quite well and keep their patients healthy and happy. As is also the case with doctors in any field, there are also times when mistakes are made, evidence is overlooked, and patients are harmed instead of helped.

When these issues arise, a form of malpractice has occurred. If you or someone you know has been the victim of such an incident, you should know that you do have legal rights and you can effectively protect your rights by hiring a personal injury attorney.

One common reason for malpractice on behalf of a medical resident has to do with fatigue and burn out. Residents are under a great deal of stress and this can lead to the professional feeling overwhelmed. Researchers at the Mayo Clinic found that the stress and fatigue experienced by medical residents is a contributing factor to "self perceived medical errors".

The researchers who took part in the study found that fatigue and stress combined were major factors that contributed to a significant increase in medical errors. Distress and fatigue on the part of medical residents is a serious concern as it has been shown to have an impact on patient safety.

Distress, which is also known as burn out, happens over a period of time and is due in part to the stress that encountered from the job itself, combined with the number of hours spent working at that job. Fatigue is a bit different, and can happen within a short period of time, such as a twenty four hour span. This often occurs when a resident is required to conduct medical tasks in a long or double shift, without a rest.

Malpractice on the part of residents can be prevented by taking certain steps. The first thing that needs to be done is to limit the number of hours that are worked by the residents. The majority of residents are put through the ringer, in a sort of hazing initiation, in which they are required to work a large number of hours at one time. In some cases, they are put on call for thirty six hours or more, and subjected to humiliation if mistakes are made. When a resident if forced to work long hours, it is inevitable that the quality of care is going to be poor. How well would you do your job after such a long stretch? Not only that, no patient wants to be the one who is treated by a doctor who has had no sleep for that many hours. No one would want to have anything done by a person who has had no sleep for thirty six hours or more. However, it is still very common for the medical community to ignore the first rule of medicine, "Do no harm", and force their residents and their patients to take unnecessary risks with their care.

To compound this issue, a recent article that was published in the New England Journal of Medicine found that medical facilities admit that it is more cost effective to work residents one hundred hours per week than to hire additional employees. This was found to be the case even when the amounts paid out for medical malpractice lawsuits were taken into consideration.

Some believe that money should not be the guiding force in the medical community when it comes to making decisions for public health. Because this is the case there are many people that believe the federal government should place regulations on the industry to protect patients from unnecessary harm. The government has successfully done this in other industries, such as trucking. Here the government placed regulations on the number of hours a truck driver can be on the road without taking a break.

Unfortunately, there is no quick fix for this problem. Until the time that there is, residents are going to continue to make mistakes at the expense of their patients. If you or someone you know has been harmed by a resident, you should not delay in seeking assistance from a personal injury attorney who specializes in the area of medical malpractice.

These professionals are highly skilled with these types of cases, and will work hard to get you the justice you deserve. While a personal injury attorney cannot undo the harm that has already been done, he or she can help you to rebuild the broken pieces of your life by obtaining monetary compensation for your injuries.

Since the majority of personal injury attorneys do not require any type of payment until the time your case settles, you do not have to worry about how to pay for your claim in advance. This can provide you with a great deal of comfort knowing that a professional is taking care of you from a legal standpoint so that you can focus on your personal health and recovery.

Compensation in malpractice claims can be obtained for past, present, and future medical bills, pain and suffering, loss of income, and in some cases for punitive damages. Punitive damages are commonly awarded as a means to punish those responsible for the injuries in the hope that similar actions will not occur in the future. Because these cases can be quite complex, you should not attempt to file on your own. Doctors have legal teams working to protect their interests, and you should have a legal professional in your corner working hard to protect yours.

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