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There are civil and criminal sanctions in addition to USF Health sanctions. The current policy states: Sanctions include disciplinary action and other sanctions, as warranted and described in the USF Health Privacy/Security Violation Categories and Sanctions. Disciplinary action is determined by management in accordance with the disciplinary action policies/standards applicable to the individual workforce member in consultation, as warranted, with the respective Human Resources, Faculty Affairs, Graduate Medical Education Office or Student Affairs office. Disciplinary action is based upon the specific facts of each situation, including consideration of whether improper use, access or disclosure was intentional or unintentional and the severity of the impact on the individual(s) whose PHI was involved. Discipline ranges from counseling/verbal warning/reprimand to termination of employment or business relationship, or dismissal from the respective educational program. Other sanctions described in the Table are determined by management in consultation with the Professional Integrity Office. Although the disciplinary actions for various Workforce segments may differ in terminology and process, USF strives to apply sanctions for HIPAA privacy and security violations consistently across the Workforce. Sanctions applied are documented in accordance with the disciplinary action standards applicable to the respective Workforce member.
This Standard does not apply to a member of the Workforce who meets the conditions of the HIPAA regulations related to whistleblowers and workforce member crime victims (§ 164.502(j)) or for filing complaints to the Secretary of Health and Human Services in accordance with HIPAA (§ 160.306). Please refer to the sanctions policy for specific categories of sanctions.
No, unless your job function determines you must access such. You may request the patient to provide you with access to his/her MyChart account by having them sign a Proxy Form. You may also have the patient sign an authorization that permits you to view the reports through Health Information Management. Additionally, children who are aged 12-17 have specific rights to privacy under Florida law.