Hospital Employees Suspended for Clooney Disclosure
Oct 9, 2007 Uncategorized
Forty hospital workers at Palisades Medical Center were suspended for disclosing George Clooney’s medical information to the media in violation of federal law. Clooney was involved in a motorcycle accident and within minutes his information was accessed and distributed to the media. This is a very serious matter but here is what a union spokesperson had to say:
“It was inappropriate but they are paying a steep price. But I don’t even think George Clooney would want people to pay. Again, the apology to him for his privacy rights [is necessary], but I think in fact the hospital is overreacting,” says Jean Oterson of the HPAA. WCBSTV
This union spokesperson thinks that these people paid a steep price for violating federal law with regard to the Health Insurance Portability and Accountability Act (HIPAA) which specifically forbids disclosure of patient information to unauthorized persons or entities. If this spokesperson thinks that the suspensions without pay are steep, wait until the feds get done:
Civil Penalties
Violations of the Administrative Simplification Regulations can result civil monetary penalties of $100 per violation, up to $25,000 per year.
Criminal Penalties
In June 2005, the U.S. Department of Justice (DOJ) clarified who can be held criminally liable under HIPAA. Covered entities and specified individuals, as explained below, whom “knowingly” obtain or disclose individually identifiable health information in violation of the Administrative Simplification Regulations face a fine of up to $50,000, as well as imprisonment up to one year. Offenses committed under false pretenses allow penalties to be increased to a $100,000 fine, with up to five years in prison. Finally, offenses committed with the intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain or malicious harm permit fines of $250,000, and imprisonment for up to ten years. AMA
These people will be fortunate if the suspension and loss of pay is as steep as it gets because the feds can really make life miserable for people who disclose health information. These workers received HIPAA training and they had an ethical and legal obligation to keep Clooney’s information private.
This is typical for unions. Also, notice how this person speaks for Clooney?
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Tags: General, George Clooney, HIPAA, law, Link Fest, suspension