In the age of electronic health records, a patient's medical history is just a few clicks away. However, for medical providers, that easy access comes with a big responsibility: HIPAA, the Health Insurance Portability and Accountability Act. More and more often, medical providers are finding themselves breaching HIPAA because they accessed a patient's record without a legitimate reason. This kind of misstep can land you in hot water and even lead to license suspension or revocation.

If you find yourself at risk of having your license suspended for accessing patient records, you need a lawyer who understands the issues involved. Call the Professional License Defense Team at the Lento Law Firm today at 888.535.3686 or contact us online. We can help you navigate this tricky situation.

The Black and White Areas of HIPAA

HIPAA is clear on some things. Healthcare providers can only access protected health information (PHI) for legitimate purposes related to treatment, payment, or healthcare operations purposes. This includes coordinating care with other providers, conducting quality reviews, and fraud prevention. However, browsing a patient's chart out of curiosity or for personal reasons is a big no-no and can result in disciplinary action by your employer and state licensing board.

State laws and professional codes of ethics also prohibit improper access and disclosure of confidential patient information. Violating these rules can lead to license suspension, revocation, or other sanctions depending on the severity of the violation and whether it was an isolated incident or a pattern of behavior.

The Murky Middle: Gray Areas and Risks

The gray areas arise when the purpose for accessing a record seems borderline. For example:

• Accessing the records of a family member or friend for non-treatment purposes. While this is also prohibited, it may be viewed as relatively harmless.
• Accessing celebrity patient records out of curiosity, even if you don't tell anyone what you find, is still a HIPAA violation.
• Accessing a spouse's medical history is a breach of privacy rules if your spouse has not specifically granted you access.

Even an unintentional breach can trigger an investigation, and then the burden of proof falls on you, the provider, to demonstrate a legitimate reason for accessing the record.

How a Lawyer Can Help

If you're facing a HIPAA violation and potential license suspension, a lawyer who understands professional license defense can be your lifeline. Here's what we can do:

• Investigate the allegation: We'll meticulously review the details of your case to understand the circumstances surrounding the record access.
• Develop a defense strategy: Depending on the specifics, we might argue there was a legitimate purpose for accessing the record, or that the access was inadvertent.
• Negotiate with the licensing board: We can work with the board to reach a resolution that minimizes the damage to your career, potentially seeking alternatives to suspension.
• Represent you in hearings: If a hearing is necessary, we'll advocate for you, presenting your case persuasively and ensuring your rights are protected.

Don't let a single misstep jeopardize your career. If you're facing a HIPAA investigation or license suspension, call the Professional License Defense Team at the Lento Law Firm today at 888.535.3686 or contact us online immediately. We can help you navigate the complexities of the legal system and protect your ability to practice medicine.