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A medical ethics dilemma
Moral ethical dilemmas in the medical field
Moral ethical dilemmas in the medical field
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For any health services manager, a personal code of ethics creates the moral framework for the relationships built with patients, staff members, organizations, and the surrounding community. These relationships are extremely important to the health care facility, and a manager’s morals can be affected by, and can affect what is and isn’t done. While rules and regulations have been put in place to prevent certain situations from occurring as well as to create answers to certain problems, many ethical issues are faced in the practice of medicine. Some of these obstacles are very specific to the situation, as there are certain ethical conflicts that are very common, and developing a personal knowledge of ethics, assists in developing a methodology …show more content…
Important care information and all conversations held between a patient and their doctor, are kept strictly confidential. Access to this type of data, is strictly monitored and restricted amongst the type of health professionals allowed to view it. A common problem arises in the request of a patient’s medical records, by the patient’s private insurance provider. Since the insurance companies are footing the bill for most every procedure done to a patient under their umbrella, they have the right to view a patient's treatment to thoroughly understand what their company is being billed for. While they are allowed to see certain parts of a patient’s medical records, there are certain bits of data that should be held private as they are unrelated to the current procedures. Acts such as HIPAA, have created an outline to follow when it comes to electronic medical records being transferred to insurance companies. While situations questioning the ethics of releasing this information safely still arise, practices such as this one are being perfected daily. For a hospital, the safety of patient information is crucial to their success, and builds trust between the patient and provider. Thanks to federal and state laws, we have a legal outline for decisions in certain situations, but the ethics is …show more content…
There are many different types of therapies, techniques, and treatments that can be performed with a patient. Some patients are even victims in yheir situation, so any trauma or stress related to an offending incident should be dealt with and alleviated. In cases such as these, management is faced with the task of medical investigation. This is essentially a series or collection of hearings and investigations into the patient’s incident, to gather all relevant data. Digging into a patient’s personal life or situation can create a vast range of ethical issues, that may involve a health provider using their own judgement. A common issue with scenarios such as these, stems from certain medical decisions being left up to the physician and management. Following certain legal procedures, can still take a manager to a crossroads where they must make a medically ethical decision on behalf of their medical staff as well as on behalf of the patients in care. It has become the job of a hospital's designated ethical committee, who bears the responsibility to make sure that all medical staff are aware of the agreed principals of ethical decision making, to create consistency and protocol in common situations. This committee will essentially define certain acts as ethical in specific and common situations, so a provider can make a decision for that certain situation, regardless of any
. 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.
“The Health Insurance Portability and Accountability Act (HIPAA) of 1996 made it illegal to gain access to personal medical information for any reasons other than health care delivery, operations, and reimbursements” (Shi & Singh, 2008, p. 166). “HIPAA legislation mandated strict controls on the transfer of personally identifiable health data between two entities, provisions for disclosure of protected information, and criminal penalties for violation” (Clayton 2001). “HIPAA also has privacy requirements that govern disclosure of patient protected health information (PHI) placed in the medical record by physicians, nurses, and other health care providers” (Buck, 2011). Always remember conversations about a patient’s health care or treatment is a violation of HIPAA. “All PHI is included in the privacy requirements for example: the patient’s past, present or future physical or mental health or condition; the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual, and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual” (Buck, 2011). Other identifiable health information would be the patient’s name, address, birth date and Social Security Number (Keomouangchanh, 2011). (Word count 197)
While the HIPAA regulations call for the medical industry to reexamine how it protects patient information, the standards put in place by HIPAA do not provide ...
US Congress created the HIPAA bill in 1996 because of public concern about how their private information was being used. It is the Health Insurance Portability and Accountability Act, which Congress created to protect confidentiality, privacy and security of patient information. It was also for health care documents to be passed electronically. HIPAA is a privacy rule, which gives patients control over their health information. Patients have to give permission any health care provider can disclose any information placed in the individual’s medical records. It helps limit protected health information (PHI) to minimize the chance of inappropriate disclosure. It establishes national-level standards that healthcare providers must comply with and strictly investigates compliance related issues while holding violators to civil or criminal penalties if they violate the privacy of a person’s PHI. HIPAA also has boundaries for using and disclosing health records by covered entities; a healthcare provider, health plan, and health care clearinghouse. It also supports the cause of disclosing PHI without a person’s consent for individual healthcare needs, public benefit and national interests. The portability part of HIPAA guarantees patient’s health insurance to employees after losing a job, making sure health insurance providers can’t discriminate against people because of health status or pre-existing condition, and keeps their files safe while being sent electronically. The Privacy Rule protects individual’s health information and requires medical providers to get consent for the release of any medical information and explain how private health records are protected. It also allows patients to receive their medical records from any...
The guidance explains and clarifies key provisions of the medical privacy regulation, which was published last December (HIPAA, 1996). Guaranteeing the accuracy, security, and protection of the privacy of all medical information is crucial and an ongoing challenge for many organizations. References American Medical Association (2005). Retrieved December 7, 2008, from http://www.ad http://www.ama-assn.org/.
The four major ethical principles in health care are: Autonomy – to honor the patient’s right to make their own decision (the opposite is paternalism - the health care provider knows best for the patient), Beneficence – to help the patient advance his/her own good, Nonmaleficence – to do no harm (many bioethical controversies involves this principle), and Justice – to be fair and treat like cases alike. All 4 principles are considered to be in effect at all times. In theory, each is of equal weight or importance. Ethical responsibilities in a given situation depend in part on the nature of the decision and in part on the roles everyone involved play.
With today's use of electronic medical records software, information discussed in confidence with your doctor(s) will be recorded into electronic data files. The obvious concern is the potential for your records to be seen by hundreds of strangers who work in health care, the insurance industry, and a host of businesses associated with medical organizations. Fortunately, this catastrophic scenario will likely be avoided. Congress addressed growing public concern about privacy and security of personal health data, and in 1996 passed “The Health Insurance Portability and Accountability Act” (HIPAA). HIPAA sets the national standard for electronic transfers of health data.
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.
The Health Insurance Portability & Accountability Act of 1996 ("HIPAA") is a federal program that requires that all medical records and other individually identifiable health information used or disclosed by us in any form, whether electronically, on paper, or orally, are kept properly confidential. This Act gives you, the patient, significant new rights to understand and control how your health information is used. "HIPAA" provides penalties for covered entities that misuse personal health information. As required by "HIPAA", we have prepared this explanation of how we are required to
Health information opponents has question the delivery and handling of patients electronic health records by health care organization and workers. The laws and regulations that set the framework protecting a user’s health information has become a major factor in how information is used and disclosed. The ability to share a patient document using Electronic Health Records (EHRs) is a critical component in the United States effort to show transparency and quality of healthcare records while protecting patient privacy. In 1996, under President Clinton administration, the US “Department of Health and Human Services (DHHS)” established national standards for the safeguard of certain health information. As a result, the Health Insurance Portability and Accountability Act of 1996 or (HIPAA) was established. HIPAA security standards required healthcare providers to ensure confidentiality and integrity of individual health information. This also included insurance administration and insurance portability. According to Health Information Portability and Accountability Act (HIPAA), an organization must guarantee the integrity, confidentiality, and security of sensitive patient data (Heckle & Lutters, 2011).
In her article, Strauss takes a line from the Hippocratic oath, that the health care practitioner will ensure patient privacy through the statement, “Whatever I see or hear in the lives of my patients, whether in connection with my professional practice or not, which ought not to be spoken of outside, I will keep secret, as considering all such things to be private” (2012, p. 19). Even in the earliest days of medicine, patient privacy was a concern. With advances in information technology (IT), and its many applications within the healthcare industry, maintaining patient privacy remains as pertinent as ever.
Given the complexity of modern medical care anyone working in a medical environment needs a framework which approaches these challenges. Doctors have to be honest, take responsibility, and be reliable, which are characteristics of good ethical conduct.
Garrett, T. M., Baillie, H. W., & Garrett, R. M. (2010). Health care ethics: Principles and problems (5thed.). Upper Saddle River, NJ: Prentice Hall.
Patient confidentiality is one of the foundations to the medical practice. Patients arrive at hospitals seeking treatment believing that all personal information will remain between themselves and the medical staff. In order to assure patients privacy, confidentiality policies were established. However, a confidentiality policy may be broken only in the case the medical staff believes that the patient is a danger to themselves or to others in society. Thesis Statement: The ethics underlying patient confidentiality is periodically questioned in our society due to circumstances that abruptly occur leaving health professionals to decide between right and wrong.
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