Most people know that a person’s medical records and information are private information that is protected by law. If you are a medical professional, you must be familiar with the Health Insurance Portability and Accountability Act (HIPAA), a law that was passed in 1996 to protect the privacy of patients’ health information in the United States. The law gives rules and procedures that you must follow in order to protect your patients’ privacy rights. If you fail to follow HIPAA procedures or rules, you could face expensive fines and your medical license could even be put into jeopardy. Here are a few of the most common ways HIPAA is violated.

Unauthorized Access of Healthcare Records

The HIPAA only gives certain reasons as to why you can access the healthcare records of a patient without gaining their consent. Unless you are accessing records for treatment, payment or healthcare operation, you are doing so illegally. This can result in disciplinary action and a fine to the organization is possible, though uncommon.

Not Performing a Risk Analysis

One of the most common HIPAA violations to result in a financial penalty is given to organizations that fail to perform a risk analysis. These analyses must be performed regularly in order to assess whether or not there are any vulnerabilities to the confidentiality and integrity of patient health records. To prevent this from happening, conducting a regular risk analysis is recommended.

Social workers are all around us -- they can be found in schools, hospitals, mental health clinics, the military, private corporations and even in private practices. The purpose of social work is to help people and promote overall well being, which is why social workers are licensed and regulated in the state of Illinois by the Illinois Department of Financial and Professional Regulation (IDFPR). Illinois provides two options for licensure in the state: licensed social worker (LSW) and licensed clinical social worker (LCSW). These licenses are similar, but there are limitations on what each type of license permits a person to do, which is also why the requirements for each license are different.

Licensed Social Worker

If a person holds an LSW, they are permitted to practice social casework, social group work, community-based social welfare, social work education or social work research. LSWs are permitted to administer social services to individuals, groups or communities, along with engaging in clinical social work, as long as it is not conducted in a private, independent practice.

To obtain an LSW, a person is required to:

Throughout the United States, hundreds of physicians are accused of misconduct each year. Many of these complaints are founded on false or inaccurate claims. Regardless of whether or not the claim of misconduct was founded on a false accusation, a physician can lose medical staff membership and privileges. If an accusation of misconduct is deemed serious, you could face a medical license review from the Illinois Department of Financial and Professional Regulation (IDFPR). In the event of a misconduct accusation, seek out the help of a legal professional immediately.

Common Physician Mistakes

When a physician makes a mistake, the error can have major impacts on a patient’s health. Due to this, hospitals hold all of their employees to incredibly high standards. Below are some of the most common errors that can cost a physician hospital privileges.

Mistreatment of Other Hospital Employees: Many misconduct complaints are placed due to abuse of co-workers. If you yell or verbally abuse a fellow hospital employee, you are likely in violation of hospital policy. If you are unwilling to accept criticism from coworkers or speak to other employees in a derogatory manner in the aftermath of a mistake, you could face a misconduct claim. It is important to note that any inappropriate or abusive conduct in the presence of a patient, is likely to lead to a medical license review.

Throughout the United States, thousands of people dedicate their lives to clinical psychology and social work. From psychological or mental health counseling to rehabilitation counseling, in the state of Illinois, these professionals are only able to operate within the state after receiving a certified license from the Illinois Department of Financial and Professional Regulation (IDFPR). If a psychologist or social worker is accused of some form of misconduct, it is likely that they could face some form of discipline or license revocation. If you face an investigation from the IDFPR, it is critically important to seek out legal guidance, as soon as possible.

Misconduct in Illinois

Every year, the IDFPR conducts thousands of investigations to look into cases of potential misconduct. Common forms of clinical psychology and social work misconduct, include:

• Sexual Harassment or Misconduct: According to recent studies, approximately 12% of all mental health professionals admit to having had some form of sexual contact with a patient. In all likelihood that number is much lower than the true percentage of sexual misconduct cases within various psychological professions. Even a consensual sexual relationship with a patient constitutes sexual misconduct and could result in an investigation.
• Confidentiality Agreement Violations: Mental health professionals are bound by federal or statewide confidentiality agreements. Violating confidentiality agreements is a direct form of unethical behavior and misconduct. These violations constitute a breach of contract that professional has with his or her patient, and can lead to a license revocation and further legal consequences.
• Unethical Conduct: Other common forms of unethical conduct among mental health professionals include the unwillingness to meet with a patient in crisis, the scheduling of unnecessary meetings for insurance payment, and the intentional misdiagnosis of mental health conditions. If you have been accused of any of these forms of unethical conduct, contact a legal professional right away.

Contact a Clinical Psychologist Defense Lawyer in Illinois

If you are contacted by the IDFPR regarding a potential a complaint investigation, it is important to inform your attorney as soon as possible. A qualified attorney can help you move forward during the investigation process, and decide whether a settlement acceptance or a hearing in front of an administrative law judge is the best option for your career. Attorney Joseph J. Bogdan has years of experience helping those involved in complaint investigations and is dedicated to protecting the careers of his clients. To set up a meeting with an Illinois professional license defense attorney, call us today at 630-310-1267.