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Essays on hipaa law
Essays on hipaa law
Research paper on hipaa violations
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Breaches on patient privacy is one of the fastest growing crimes in the country today (ITRC, 2015). Lack of security controls and administrative policies and procedures among healthcare providers are the basis for this growth. Many of these patients have no idea that their information has been compromised. Although the government continues to enforce fines and penalties, this has done little to reduce the number of breaches.
Problem
The problem consists due to of the lack of security controls, monitoring and protection of patient information could lead to a breach of patient information. This problem statement focuses on the continued of growth patient privacy breaches. Also, the correlation between the development of electronic capabilities
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This study will explore the extent and damages the average patient encounters when their privacy has been breached. It will also explore the responsibility of the healthcare provider as well as the effect of government enforcement (HITECH, n.d.). Research has shown that many healthcare providers are reluctant to make the necessary investment into their organizations to protect the patient’s information. Although there are many approaches to research study methodologies, the quantitative research method was used for this study. The quantitative research method follows the principle where the collection of relative data and measurements are analyzed and results are developed (Sun et al., 2014). Utilizing the quantitative approach would allow the use of data that has been measured.
The qualitative approach is typically applied for evaluating the quality and approach toward the chosen measure of a study. In this scenario, it would be the healthcare providers focusing and consideration of the patient’s needs. In a qualitative study, there would be focus on the information about elements; that are more hypothetical and cannot be measured. The qualitative approach will rely on a certain amount of discernment. Furthermore, the qualitative research method is a very important part of a study because of the collection and analysis significance of a project (Cooper & Schindler,
...). Privacy and Health Information Technology. Journal of Law Medicine, 37(2), 121-149. Retrieved January 28, 2011 from CINAHL database
After a four year hiatus in the Supreme Court docket, the court finally rule in 1824, the case of Gibbons v. Ogden, which eventually proclaimed the federally supremacy clause and the commerce clause, but it's impact of American commerce can still be felt today.
During the 1980’s, medical-related situations continuously occurred that made patients question their insurance policies as well as the privacy of their health care. Congress worked to create a bill containing strict rules regarding insurance policies and availability for one to keep their insurance if they are to move jobs. These rules were soon applied to all medical facilities and faculty and titled the “Health Insurance Portability and Accountability Act”.The H.I.P.A.A. policies brought about change in professionalism, medical standards, taxing, and enforcement. Throughout history, maintaining patient privacy has always been a problem in the medical field. Patients have the right to their privacy and the information that they do not want to disclose should be kept privately. Since this was an overly occurring problem, the congress believed that they should make a law to fix this problem. On August 21, 1996, the Health Insurance Portability and Accountability Act (HIPAA) was passed by congress and President Bill Clinton.
Phiprivacy.net. (n.d.). Incidents Involving Patient or Health-Related Data [Pdf file of privacy breach articles for 2008]. Retrieved from http://www.phiprivacy.net/MedicalPrivacy/Chronology_2008.pdf
I felt that the author had a clear pint throughout this article which was not only to continue the spotlight data breaches which continue to increase within the healthcare field, but also to understand the root cause which is driving the increase in these healthcare data breaches . This was demonstrated throughout the article with a continued focus on health care data breaches and the changes which have been made within healthcare organization to rely more on technology for medical information storage and sharing which the author would relate to how this lead to the each root cause of the increase in data breaches. For the same reason mentioned previously the author was able to successful meet his original purpose for writing the article through his focus on demonstrating the root causes of the data breaches within healthcare organizations and how they will increase over the next five years. The author backed up his arguments by using proven evidence and
In the modern era, the use of computer technology is very important. Back in the day people only used handwriting on the pieces of paper to save all documents, either in general documents or medical records. Now this medical field is using a computer to kept all medical records or other personnel info. Patient's records may be maintained on databases, so that quick searches can be made. But, even if the computer is very important, the facility must remain always in control all the information they store in a computer. This is because to avoid individuals who do not have a right to the patient's information.
HIPPA (Health Insurance Portability and Accountability Act) was put in place by the Federal Government for several reasons; better portability of health insurance for employees, to prevent fraud and abuse within the healthcare delivery system, and simplification of administrative functions associated with healthcare delivery (McGonigle & Mastrian, 2012). Due to sensitive healthcare information being shared federal regulations were also put into place, resulting in the “Privacy Rule” and “Security Rule”. The Privacy Rule limits the use and disclosure of patient information. The Security Rule protects the patients’ healthcare information from improper use or disclosure, to maintain information integrity, and ensure its availability (McGonigle & Mastrian, 2012). Both regulations apply to protected health information (PHI) which is any form of health information that can be used to identify an individual patient. Practitioners who refer to HIPPA are not referring to the act itself but the “Privacy Rule” and “Security Rule” (McGonigle & Mastrian, 2012). It is extremely important to understand these concepts as a student in the clinical setting and how each hospital enforces these concepts. Before starting at any clinical site there is an extensive orientation about HIPPA regarding what is appropriate and not appropriate when it comes to patient information and the repercussions of violating HIPPA. In this paper I will discuss Akron General’s rules and policies regarding their EHR, PHI, EPHI, and social media.
Although medicine is a field that is constantly evolving and we have obtained a vast amount of knowledge since Hippocrates’ era, it is telling to see that confidentiality is consistently valued in the care for patients. Beauchamp and Childress highlight the need for consent to divulge patient information. This shows how confidentiality promotes the autonomy of the patient, thus promoting a patient centered model where the patient holds power in the physician-patient relationship. This is a point that is further stressed by Ludwig and Burkie. The GMC includes the importance of confidentiality in maintaining the trust that both patients and the public have for doctors. This is vital for public heath because a general mistrust for doctors can form a culture where individuals refrain from seeking medical advice. This could potentially increase the prevalence of disease and mortality rates. It is seen that various methodologies indirectly support the concept of confidentiality, implying that its ethical basis is principally inarguable. In the UK patient privacy is enforced by the law and the two aforementioned cases demonstrate the severe consequences that can ensue when health professionals breach confidentiality. In both cases there was an elaborate procedure following the breach which evaluated the situation and decided the punishment. It necessary to have such
Security problems generally involve a leak of information because of the type of technology being used in clinical and online practice, such as computers, mobile devices (e.g., cell phones or tablets), email, voicemail, fax machines, electronic records on large servers, and the Internet when administering psychological services online. Regrettably, protection of confidentiality has yet to catch up with the majority of these technological advancements. Some of the primary threats to the security of confidentially information originates from things like web or email viruses, online hackers looking to access information, flaws in software or firewalls, damage or malfunction to the technology itself, and user error (Regueiro et al.,
The medical Profession recognizes that patients have a number of basic rights. These include but are not limited to the following: the right to reasonable response to his or her requests and need and needs for treatment within the hospital's capacity. The right to considerate, respectful care focused on the patient's individual needs. The right of the patient to make health care decisions, including the right to refuse treatment. The right to formulate advance directives. The right to be provided with information regarding treatment that enables the patient to make treatment decisions that reflect his or her wishes. The right to be provided upon admission to a health care facility with information about the health care provider's policies regarding advance directives, patient rights, and patient complaints. The right to participate in ethical decision making that may arise in the course of treatment. The right to be notified of any medical research or educational projects that may affect the patient's care. The right to privacy and confid...
The confidentiality of personal health information is an issue that affects every American. Secretary Donna E. Shalala, PhD from the U.S. Department of Health and Human Services quoted, "Will our health records be used to heal or reveal us?" AHIMA, a professional...
The next problem related to telemedicine relates to security and private breaches. In order for telemedicine to work properly it requires that sensitive patient information be transferred from location to location that may be quite a dista...
The development of knowledge requires a number of processes in order to establish credible data to ensure the validity and appropriateness of how it can be used in the future. For the healthcare industry, this has provided the ability to create and form new types of interventions in order to give adequate care across a of number of fields within the system. Research then, has been an essential part in providing definitive data, either by disproving previous beliefs or confirming newly found data and methods. Moreover, research in itself contains its own process with a methodological approach. Of the notable methods, quantitative research is often used for its systemic approach (Polit & Beck, 2006). Thus, the use of the scientific method is used, which also utilizes the use of numerical data (Polit & Beck). Here, researches make use of creating surveys, scales, or placing a numerical value on it subjects (Polit & Beck). In the end the resulting data is neutral and statistical. However, like all things its approach is not perfect, yet, it has the ability to yield valuable data.
The Health Insurance Portability and Accountability Act (HIPAA), Patient Safety and Quality Improvement Act (PSQIA), Confidential Information and Statistical Efficiency Act (CIPSEA), and the Freedom of Information Act all provide legal protection under many laws. It also involves ethical protection. The patient must be able to completely trust the healthcare provider by having confidence that their information is kept safe and not disclosed without their consent. Disclosing any information to the public could be humiliating for them. Patient information that is protected includes all medical and personal information related to their medical records, medical treatments, payment records, date of birth, gender, and
Sofaer, S., 2002, ‘Qualitative research methods’ International Journal for Quality in Health Care, vol. 14, no. 4, pp. 329-336.