In the case of Burger v. Blair Medical Associates, Inc. (BMA), we can see the need for extensive legal knowledge on the part of a health information management (HIM) director. BMA tried several times to have the courts revisit their case based on the statute of limitations. Here the Superior Court declared, “the torts of invasion of privacy and breach of physician-patient confidentiality are distinct, such that the former is expressly governed by the one-year statute of limitations and the latter falls within the catch-all two-year limitations period” (Burger v. Appeal, 2009). Because of this breach, BMA had to pay out over $60,000 to Burger. In this case the Superior Court identified the breach of physician-patient confidentiality and the
invasion of privacy as two separately identifiable causes of action. Burger was, however, not able to prove that MBA obtained the information through “intrusion upon seclusion” (Burger v. Appeal, 2009). This happens when a person or business “intentionally intrudes, physically or otherwise, up on the solitude or seclusion of another or his private affairs or concerns” (Burger v. Appeal, 2009). BMA reasonably attained this information as part of Burger’s treatment, and this process makes this claim irrelevant. The topics and sources discussed are merely examples of deliberation in health information confidentiality, privacy, and security. Supervision of electronic health information poses distinctive trials for regulatory compliance, for ethical attention and ultimately for quality of care. HIM senior leadership should do their best to educate the facility, whether larger or small, on how to protect patients’ confidentiality. It is important to reiterate that HIPAA was created to protect the patient and their privacy. It is our jobs to respect that information. Equalizing the numerous concerns in health information and defending its confidentiality, privacy and security offer constant and important encounters within our healthcare and legal systems today. It also has created many career opportunities for health information management professionals.
(Cheeseman2013) In the National Labor Relation Board v Shop Rite Foods case some employees of Shop Rite Foods of Texas elected a worker union as a Bargaining agent for a collective bargaining agreement for over 3 months the agreement was still not settled. Then ShopRite began to notice a lot of it merchandise being damaged in the warehouse. They determined that the damage was being intentionally being caused by dissident employees as a pressure tactic to secure concessions from the company in the collective bargaining negotiations.
Case citation: Awkerman v. Tri-County Orthopedic Group, 373 N.W.2d 204 (Mich. Ct. App. 1985). (Child abuse reporting)
In the case of Riser v. American Medical Int’l, Inc., Riser, a 69-year-old mother of four children, was suffering from circulation complications in her lower arms and hands. She had a history of several conditions such as diabetes mellitus, end-stage renal failure, and arteriosclerosis. The physician at Hospital A, Dr. Sottiurai, requested bilateral arteriograms to find the etiology of Riser’s circulation problems. However, Hospital A could not fulfill Dr. Sottiurai’s request, so Riser was transferred to Hospital B under the care of Dr. Lang, who was a radiologist. At this instance, Dr. Lang mistakenly performed a femoral arteriogram instead of the bilateral arteriogram that Dr. Sottiurai had originally ordered, and after the procedure when Riser was on her way to be
...). Privacy and Health Information Technology. Journal of Law Medicine, 37(2), 121-149. Retrieved January 28, 2011 from CINAHL database
According to the report provided by the consultant, the employees at this facility were not taking precautions in safeguarding the patient’s health information. Therefore, the employees at this facility were in violation of the Health Insurance Portability and Accountability Act (HIPPA). It is important for employees to understand the form of technology being used and the precautions they must take to safeguard patient information.
All health care employees will do everything within their power to protect the patient’s right to privacy. This means they will follow the HIPAA law closely. They will disclose information that is relevant to a specialist or treatment. Also, means they will release information that a patient has asked for as promptly as possible.
. HIPAA privacy rules are complicated and extensive, and set forth guidelines to be followed by health care providers and other covered entities such as insurance carriers and by consumers. HIPAA is very specific in its requirements regarding the release of information, but is not as specific when it comes to the manner in which training and policies are developed and delivered within the health care industry. This paper will discuss how HIPAA affects a patient's access to their medical records, how and under what circumstances personal health information can be released to other entities for purposes not related to health care, the requirements regarding written privacy policies for covered entities, the training requirements for medical office employees and the consequences for not following the policy.
...proactive. With the way that HIPAA was drafted, then add the possible penalties for violators, lead physicians and medical facilities to withold information from individuals who have a right to it. After reviewing the rules of the HIPAA, the legislation found health care providers were unsure of their legal privacy responsibilities and often responded with an overly guarded approach to disclosing information. To date these rules are still confusing and need to made clearer.
Nurses in this field wrestle with privacy, confidentiality and quality of care challenges while staying within the limits of health-care reform legislation and HIPAA compliance. It’s essential for case managers to behave and practice ethically, adhering to the code of ethics that built their professional credential. It is vital to be aware and to practice the five basic ethical principles; beneficence, nonmalfeasance, autonomy, justice, and fidelity. Case managers should hold themselves accountable for practicing these five principals. Case managers need to recognize that their primary obligation and role is to their client/patient and that the decisions and actions they make should reflect their purpose of serving the patient (Case Management Society of America). Respective relationships with coworkers, employers and other professionals should be demonstrated. It’s inevitable that laws, rules, polices, insurance benefits, and regulations that may come in conflict with personal ethical principles, but in these situations, case managers are bound to address it to the best of their ability and seek appropriate consultation that will aid in the correct and well researched decision. Finding the appropriate boundaries and limits is the key to operating within the scope of a case manager’s
Explain the issue or dilemma using information from the readings in the book and other sources.
Peter Setness is a family medical doctor in Minneapolis. Setness states how technology has made information so easy to get a hold of. With information being so handy at any point of time and it being used in the most convenient situation, can give a person a sense of power. Information and technology is what makes up the practice of physicians today. Setness list how patient data helps provide research statistics, death rates, and improvement in public health. Setness’ article can be considered credible because he is a postgraduate in medicine and has done extensive research on how privacy is important in research proposals. This article can help provide support on how HIPPA impacts health research.
For instance, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), “standardizes the use of electronic health information and mandates the development of security standards and safeguards for the use of electronic health information” (Akowuah, Yuan, Xu, Wang, 2012, pg. 41). Although, HIPPA is federal mandated, in some cases state laws take precedence over federal privacy and security laws. For example, in states where there is child abuse, death, or injury state laws override HIPPA laws (Akowuah, Yuan, Xu, Wang, 2012, pg. 43). State laws also override federal laws when the state laws protect patient’s information more than federal laws, and during financial audits (Akowuah, Yuan, Xu, Wang, 2012, pg. 43). Therefore, managers must understand and thoroughly educate their healthcare personnel on the on all privacy and security laws, to know how to properly address cyber-attack and prevent
In healthcare there have many developments in record keeping and updating databases to be electronic however this has caused many conflicts to the system. It has brought issues such as privacy and confidentiality because the information is easier assessable to professionals within the NHS which causes benefit and dangers if the information is not protected. In essence it causes people to take legal action when their right has been breached with the UK law. This includes the Common Law of Confidentiality, the Data Protection Act 1998 and the Human Rights Act 1998.
From my observations, the realization was made that a large proportion of his day was spent dictating medical records and recording billing payments. Even though these activities take precious time from his availability to see patient, the incorrect recording of these sets of information could led to a lack of payment and even law suits. More so than private practices, being a physician working for the state demands an increased paper trail of receipts and legal documents. On top of these increased logistical duties, Dr. Goldstein was required to attend weekly meeting about the financial and managerial operations of the clinic. While these meetings allow for problems to be addressed, they also stand in the way of treating patients. In essence, while these bureaucratic functions allowed Dr. Goldstein to maintain a higher level of organization of his practice, they also create additional barriers to his clinical
A doctor’s failure to advise and disclose material risks to his patient before surgery is a non-adherence to the standard of care of medical practitioners.