Monday, November 15, 2010

What could be the punishment for local teens in the fire department sending pics/videos of a dead classmate?

If the teens involved are private citizens then there is nothing that can be done about it although it is rather disgusting that they did that.

On the other hand if they were members of the fire department responding to the call then they are in violation of Federal HIPPA regulations which are in place to protect a victim’s privacy.
Here’s a link to what one fire dept public information officer says.

http://www.iafc.org/displayindustryarticle.cfm?articlenbr=27575

As a member of the media,I think he is airing way too far on the side of caution but the bottom line is the fire department, ambulance service and medical staff do have a responsibility to protect the patent’s privacy and there are penalties for not doing so. Contact with the local chief and make him aware of the situation and the violations. I’m sure he won’t stand for it as he is liable for the actions of the teens. There are penalties.

. Per section 1177 of HIPAA, a person who knowingly

uses a unique health identifier, or causes one to be used;
obtains individually identifiable health information relating to an individual; or
discloses individually identifiable health information to another person;
is in violation of HIPAA regulations. Such persons are subject to the following penalties:

a fine of up to $50,000, or up to 1 year in prison, or both;
if the offense is committed under false pretenses, a fine of up to $100,000, up to 5 years in prison, or both;
if the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, a fine up to $250,000, or up to 10 years in prison, or both.
HIPAA also provide for civil fines to be imposed by the Secretary of DHHS “on any person” who violates a provision of it. The maximum is $100 for each violation, with the total amount not to exceed $25,0000 for all violations of an identical requirement or prohibition during a calendar year.

Last modified: 11-May-2005 [RC]

Since this info is out it’s a lot like toothpaste out of the tube. It’s impossible to get it back in but at least some follow up can keep it from happening again.

Good luck and hope this helps


View the original article here

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