Scenario 3 You work in a hospital. You get a telephone call from an attorney’s o

Question

Scenario 3

You work in a hospital. You get a telephone call from an attorney’s office informing you that their computer system has been compromised and they assume the hackers have gained access to all their electronic files. You know that this attorney has represented the hospital in several medical malpractice claims in the past. You conduct an investigation on what was sent to the attorney electronically and see that multiple electronic files containing patient PHI had been e-mailed to the attorney’s office in the past. At no point was the hospital’s e-mail or electronic medical record system compromised.

Question 4: (20 points): Would the hospital be required to perform any type of breech notification based on this incident?

answer as if you were the Chief Privacy Officer

Explanation / Answer

Electronic health records also come with questions and concerns about the privacy and security of our health information. If patient’s data is seen by someone who should not see it, federal law requires doctors, hospitals, and other health care providers to notify patient of a “breach” of health information. This requirement helps patients know if something has gone wrong with the protection of their information and helps keep providers accountable... If unauthorized access occurs, they must notify individuals of the breach in a timely manner. All those involved with bioinformatics need to be prepared to address the requirements of the recently enacted federal data breach notification statute. The means of notification required vary depending on the extent of the breach, meaning the number of individuals who’s PHI has been breached. In some cases, only individuals must be notified; in larger breaches, the media and the Secretary of HHS must also be notified. Thus hospital is required to perform breech notification based on this incident

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