Under HIPAA is there individual/personal liability for a violation and institutional liability?
If the violation or inappropriate disclosure was a function of a system or process at the health system, liability rests with the institution. An individual employee may be liable for their actions in violation of HIPAA if the employee was not functioning within the course and scope of employment. Question: In the case of providers who have privileges at outside hospitals, are they authorized to sign Medical Staff related documents concerning an organized health care arrangement between that facility and that outside Medical Staff? Answer: Yes, if the documents are related to provider’s Medical Staff privileges at the outside facility.
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