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Privacy in the Medical Field

IDS CAPSTONE PROJECT PART 2

By: Lindsey Bobinger

What is privacy and how do medical professionals use your privacy?
HIPAA is the acronym for the Health Insurance Portability and Accountability Act that was passed by Congress in 1996.
We have all filled out or have electronically signed a paper saying that anything we see or that we tell the doctor is strictly going to stay between you two.
One should always think what is your medical privacy really worth?

Breaches

“Experts, estimates that data breaches cost the healthcare industry some $6.2 billion, as some 79% of healthcare organizations say they were hit with two or more data breaches in the past two years, and 45%, more than five breaches.” (Higgins, 2016).
”Most of those exposed fewer than 500 data records, and thus don’t get reported to the US Department of Health and Human Services nor are revealed to the media.” (Higgins, 2016).
That is a huge number and how do one’s know if they are one of the not so lucky ones that information as breached?
For many years, the top cause of lost or stolen patient data was a health care organization employee losing a device or having one stolen.

Breaches cont.……
“ The cyber attack—in which hackers stole the names, birth dates, Social Security numbers, home addresses and other personal information of 78.8 million current and former members and employees—gave Anthem’s reputation a black eye early on. The company and the industry at large scrambled to do damage control. Consumers questioned whether Anthem and other healthcare organizations could manage the volumes of data they had.” (Herman, 2016).
The worst part about this whoever hack this company if it was an individual person, another country like Russia or China, or even if it was another insurance company. This person/persons has access to all a persons medical records from surgeries in the past, to medications to one is current takings, and ones deductibles.
One new scare to look for is if you are a diabetic Johnson and Johnson is warning more than 100,000 medical patients who use certain insulin pumps they could be targeted by hackers. In a letter, the company said its Animas OneTouch Ping insulin pump has a bug causing a potential cybersecurity risk.
Hackers could hijack the device and force it to deliver unauthorized, and possibly lethal, insulin doses. That is scary to think someone either in the community or across the world could be in control of your insulin levels.

Number of records breached by certain industries.
Figure A (Kassner, 2016).

When is enough enough?
Theft is one of the fastest growing crimes in the United States today. The Federal Trade Commission (FTC) estimates that as many as 9 million Americans have had their identities stolen each year.
Because of the rise of identity theft and its harmful consequences, Congress passed a law in 1998 making it a federal crime. Under the Identity Theft and Assumption Deterrence Act, it is a federal crime for a person who knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law.” (http://criminal.findlaw.com/criminal-charges/identity-theft.html, 2016)
“Penalties for fraud offenses may include criminal penalties, civil penalties, or both. Most criminal fraud offenses are considered felony crimes and are punishable by jail, fines, probation, or all of the above. Civil penalties may include restitution (paying the person back) or payment of substantial fines (geared to punish the behavior).” (http://criminal.findlaw.com, 2016).

The laws should be stronger.
Like all criminal laws, identity theft laws differ from state to state, and there are also federal identity theft laws that have their own penalties. Being convicted of an identity theft crime can lead to one or more of the following penalties:
Incarceration. A conviction for an identity theft crime can result in a significant incarceration sentence. In general, a conviction for misdemeanor offense can lead to up to a year in jail, while felony sentences can result in several years or more in prison.
Fines. It’s common for courts to order someone convicted of identity theft pay a fine. Misdemeanor fines can sometimes reach in excess of $1,000, while felony fines can easily exceed $5,000.
Restitution. If the identity theft results in a victim losing money or suffering financial harm, courts will also typically order restitution. Restitution is designed to compensate the victim for his or her loss, while fines are designed to penalize the perpetrator. Restitution awards vary, depending on the circumstances of each case.
Probation. For first-time offenders of identity theft crimes that do not result in significant harm, it’s possible a court might impose a probation sentence in addition to, or separate from, other penalties. Probation usually lasts at least a year, but sentences of three or more years are also common. People on probation have to comply with specific court imposed restrictions, such as reporting to a probation officer, paying all restitution and fines, and not committing other crimes

The laws should be stronger cont.
Personally, I like for the criminal to have to pay the person who’s identity they stole. If for example, this individual took $10,000-$30,000 dollars. That criminal need to pay all that back to that individual if that mean that person need to sell things get personal loans or work several jobs well everything needs to be paid back.
If not paid back in time that is was given then, when it comes tax time that individual taxes if he/she gets anything back they have to pay for the person that had to suffer for their mistake.

Few ways to protect yourself form a breach or identity theft.
Create Strong Passwords and Update them Frequently. …
Keep Sensitive Personal and Financial Documents Secure. …
Protect Your Mobile Device. …
Check Your Credit Report. …
Don’t Fall for Phishing Scams.

Ideas to remember and will help protect you.
1. Put a Fraud Alert on Your Credit Reports
A fraud alert puts a red flag on your credit report and notifies lenders and creditors that they should take extra steps to verify your identity before extending credit. To place a 90-day fraud alert on all three of your credit reports, you only need to contact one of the three credit reporting agencies (Experian, Equifax, or TransUnion). When you place the initial alert, they will automatically notify the other two agencies for you.
Experia:https
://www.experian.com/freeze/center.html
Equifax: https
://www.freeze.equifax.com/Freeze/jsp/SFF_PersonalIDInfo.jsp
TransUnion:https
://freeze.transunion.com/sf/
securityFreeze
/
landingPage.jsp

Ideas to remember and will help protect you cont.….
2. Contact Any Institution Directly Affected
3. Contact the Federal Trade Commission (FTC) File an Identity Theft Affidavit and create an Identity Theft Report. You can file your report online, by phone (toll-free): 1-877-ID THEFT (877-438-4338); TDD (toll-free): 1-866-653-4261.
4. File a Police Report
5. Protect Your Social Security Number. If your social security number was or may have been compromised, contact the Social Security Administration (800-269-0271) and the Internal Revenue Service (800-829-0433).

Always check you personal items
Remember anything with your personal information can be shred it or burned and one can keep medical records up to 7-10 years.
Every year one is entitled to all 3 credit reports look over them.
Last but not least if you received or see anything that does not look normal reported please don’t let yourself become a victim.

References

Confidentiality of Medical Records: A Situation Analysis and AHIMA’s Position. (2016, September 29). Retrieved from http://bok.ahima.org: http://bok.ahima.org/doc?oid=60048#.V-1_AVQrJQI
Herman, B. (2016, October 7). http://www.modernhealthcare.com. Retrieved from http://www.modernhealthcare.com: http://www.modernhealthcare.com/article/20160330/NEWS/160339997
Higgins, K. J. (2016, October 4). Healthcare Suffers Estimated $6.2 Billion In Data Breaches. Retrieved from http://www.darkreading.com: http://www.darkreading.com/threat-intelligence/healthcare-suffers-estimated-$62-billion-in-data-breaches/d/d-id/1325482
http://criminal.findlaw.com. (2016, October 7). Retrieved from http://criminal.findlaw.com: http://criminal.findlaw.com/criminal-charges/fraud.html
http://criminal.findlaw.com/criminal-charges/identity-theft.html. (2016, October 2). Retrieved from http://criminal.findlaw.com/criminal-charges/identity-theft.html: http://criminal.findlaw.com/criminal-charges/identity-theft.html
http://www.bjs.gov. (2016, October 2). Retrieved from http://www.bjs.gov: http://www.bjs.gov/content/pub/press/vit14pr.cfm
Kassner, M. (2016, October 5). Cybersecurity professionals: The healthcare industry needs you. Retrieved from http://www.techrepublic.com: http://www.techrepublic.com/article/cybersecurity-professionals-the-healthcare-industry-needs-you/

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