HIPAA is an extensively used acronym, which stands for The Health Insurance Portability and Accountability Act, which was primarily enacted by the US Congress in year 1996. Even though it enables the insurance providers from accessing particular patient medical records, HIPAA’s primary function is to secure the PHI’s privacy (Personal Health Information. This Act also gives a patient the right to browse and make corrections on the errors found in his medical records. It holds a number of applications within a workplace.
It is very important to become aware of this Act, as should HIPAA violations in the workplace occur, you can easily cope with it. If in case you believe that your privacy has been violated in your workplace, you may want to file a suit case against the employer or any other people involved. Inside the court, every case will be assessed uniquely for 2 important items. These items include the extent of sensible privacy expectation an employee entails and whether the employer’s reasons for violating the privacy was justifiable or not.
Depending on the previous policies of the company, the extent of employees’ admonition was provided around monitoring and merely plain rationality is the complete factor to consider when it comes to the violation of privacy cases inside the workplace.
However, particular actions for just about any reasoning are considered HIPAA violations in the workplace, when the information was gained through any of the following:
• Breaking agreements on confidentiality, whether implied or express.
• Personal, home life intrusions.
• Intrusive, secret, and covert monitoring mediums.
• Misrepresentation or deception.
Employers’ Phone Monitoring
In the majority of situations, the federal law of Electronic Communications Privacy Act demands that one party or more are aware that their telephone calls are under monitoring. In several cases, consent should be provided by the employees, which can be a part of the initial contract of employment. In addition to this, employers should immediately halt monitoring a phone call when it is believed to be private or personal. In reality, however, employers hold almost the free will to monitor such calls, and attesting that violations performed is fairly difficult.
Employers’ Computer Monitoring
As compared to any other employment related internet utilization laws, the internet utilization monitoring part of this law is vaguer. With respect to emails, internet utilization at work, chat mediums and computer files, employers have the free will to have them reviewed should legitimate purpose entails. In most cases, it is close to impossible to halt employers from tracking electronic communication.
While in the employment world, it is just common for employers to have the capability to actively monitor internet usage and email within the workplace. Most of the companies have particular internet utilization policies, which should be followed. It is a wise decision to make clear with your employer regarding such possibilities before an issue might arise.
With the availability of the Health Insurance Portability and Accountability Act, it is possible for you to know and take advantage of your rights when it comes to holding your own privacy. So, make sure to study about the possible HIPAA violations in the workplace.