Upcoming Webinars

Site Updates

Disclaimer

The analysis of any legal or medical billing is dependent on numerous specific facts — including the factual situations present related to the patients, the practice, the professionals and the medical services and advice. Additionally, laws and regulations and insurance and payer policies are subject to change. The information that has been accurate previously can be particularly dependent on changes in time or circumstances. The information contained in this web site is intended as general information only. It is not intended to serve as medical, health, legal or financial advice or as a substitute for professional advice of a medical coding professional, healthcare consultant, physician or medical professional, legal counsel, accountant or financial advisor. If you have a question about a specific matter, you should contact a professional advisor directly. CPT copyright American Medical Association. All rights reserved. CPT is a registered trademark of the American Medical Association.

Menu
Log in
Forgot password


Search
Log in
Forgot password
  • Home
  • HIPAA
  • HIPAA Blog
  • HHS’ Office for Civil Rights Settles HIPAA Investigation of St. Joseph’s Medical Center for Disclosure of Patients’ Protected Health Information to a News Reporter

HHS’ Office for Civil Rights Settles HIPAA Investigation of St. Joseph’s Medical Center for Disclosure of Patients’ Protected Health Information to a News Reporter

20 Nov 2023 12:44 PM | Zachary Edgar (Administrator)

Today, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a settlement with Saint Joseph’s Medical Center for potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. Saint Joseph’s Medical Center is a non-profit academic medical center in New York that provides a full range of health care services. The settlement involved the impermissible disclosure of COVID-19 patients’ protected health information to a national media outlet.

“When receiving medical care in hospitals and emergency rooms, patients should not have to worry that providers may disclose their health information to the media without their authorization,” said OCR Director Melanie Fontes Rainer. “Providers must be vigilant about patient privacy and take necessary steps to protect it and follow the law. The Office for Civil Rights will continue to take enforcement actions that puts patient privacy first.”

OCR investigated Saint Joseph’s Medical Center after the Associated Press published an article about the medical center’s response to the COVID-19 public health emergency, which included photographs and information about the facility’s patients. These images were distributed nationally, exposing protected health information including patients’ COVID-19 diagnoses, current medical statuses and medical prognoses, vital signs, and treatment plans.

OCR determined that Saint Joseph’s Medical Center disclosed three patients’ protected health information to the Associated Press without first obtaining written authorization from the patients, therefore potentially violating the HIPAA Privacy Rule. Under the HIPAA Privacy Rule, a covered entity (including a health care provider), may not use or disclose protected health information, except either:

  • As the HIPAA Privacy Rule permits or requires; or
  • The individual who is the subject of the information (or the individual’s personal representative) authorizes in writing.

Therefore, regulated entities cannot disclose a patient’s protected health information to the media without first obtaining written authorization from the patient permitting the entity to do so. This includes when health care providers have print or television reporters on the premise.

Saint Joseph’s Medical Center paid $80,000 to OCR and agreed to implement a corrective action plan requiring the facility to develop written policies and procedures that comply with the HIPAA Privacy Rule. Saint Joseph’s Medical Center also agreed to train its workforce on the revised policies and procedures. Under this agreement, OCR will monitor St. Joseph’s Medical Center for two years to ensure compliance under the plan and with the law.

Reference

HIPAA News Releases & Bulletins


About Us

Therapy Comply is a healthcare compliance firm that seeks to bring high quality web-based compliance guidance and one-on-one consulting services to small and medium size physical, occupational, and speech therapy practices.

Learn More 

Join Us

Join today as either a monthly or a yearly member and enjoy full access to the site and a significant discount to our live and recorded webinars.  Members also have access to compliance and billing support.

Join Today 

Find Us


Powered by Wild Apricot Membership Software