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HIPAA privacy laws and patient confidentiality
HIPAA privacy laws and patient confidentiality
HIPAA privacy laws and patient confidentiality
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The article is about HSS issuing a penalty to Cignet Health a Temple Hills Md-based company that has four physician offices and a health plan. The penalty is for the violation of 41 patients’ rights in the refusal for them to view their medical records and the refusal to provide the records to the HSS office. The result is a $1.3 million fine due to HSS for the violation of HIPAA laws stating that you must give patients access to their medical records within 30 days. The key points of the article is that it’s illegal to refuse patients access to their medical records and that it results in a fine or other penalties. In the healthcare field this could effect any healthcare personnel like nurses and physicians. The fine is necessary and sits
as a reminder to never deny a patient of their legal rights in any case for any reason. The moral of this article has settled deeply within me and will be a reminder to never deny a patient for any reason. A suggestion to the authors would be to include what actually happened to CIgnet Health, whether or not they paid the fine or ended up being closed down and whether or not the 41 patients received access to their records. The article was about the injustice to forty-one patients who were denied their rights to receive access to their medical records by Cignet Health. That results in Cignet Health receiving a penalty and a $1.3 million fine
Sobel, R. (2007). The HIPAA Paradox. The Privacy Rule that’s Not. Hasting Center Report, 37(4), 40-50.
The flip side of the signing a confidentiality document under HIPAA policy healthcare officials many times has been frustrated because bounds they can’t cross. Many times family or friends who aren’t authorizes obtains valuable medical information are coming all hours of the day to ask for critical medical reason, the nurses, physicians and others officials bid my law not to get out information on the telephone, or in personal if the individual or individuals name aren’t on the privacy document. Having a ...
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.
A basic definition of confidentiality is that information about a patient is not discussed openly (Edge and Groves, 2007). This ethical principle became an issue when the government gave medical facilities lists of people who were in the study. Again, the patients were not informed that they would not be able to
– Health plans; – Health care clearinghouses;. – Health care providers who transmit health information in electronic form for certain standard transactions. Even though HIPAA was signed into law over seven years ago, its effects are mostly being felt now. This is because of its schedule of compliance. * 10/16/2002 - Transactions and code sets * 4/14/2003 – Privacy Rule * 4/14/2003 – Business Associates * 4/20/2005 – Security Rule This delay stems from a provision in the original act stating that if Congress did not specify certain regulations by the end of 1999, the Department of Health and Human Services (HHS) had to do it.
...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.
Provision 3.1 of the ANA’s Code of Ethics states that the nurse will promote, advocate, and protect patients’ privacy and confidentiality (American Nurses Association, 2012). The protection of our patients’ privacy is fundamental. The ANA Code of Ethics is not a suggestion; it is a mandate to all nurses. The code calls for nurses to act when the rights of the patient or the nurse are violated through the actions of others (Edmonson, 2010). Even under FERPA guidelines, it is difficult to make an argument for the release of the student’s personal information in the manner of the large staff
Some of the things that HIPAA does for a patient are it gives patients more control over their health information. It sets boundaries on the use and release of health records. It establishes appropriate guidelines that health care providers and others must do to protect the privacy of the patients’ health information. It holds violators accountable, in court that can be imposed if they violate patients’ privacy rights by HIPAA. Overall HIPAA makes it to where the health information can’t b...
Doctors, hospitals and other care providers dispute that they should have access to the medical records and other health information of any patient citing that they need this information to provide the best possible treatment for proper planning. Insurers on the other hand claim they must have personal health information in order to properly process claims and pay for the care. They also insist that this will provide protection against fraud. Government authorities make the same arguments saying that in providing taxpayer-funded coverage to its citizens, it has the right to know what it is paying for and to protect against fraud and abuse. Researchers both medical and none nonmedical have the same argument saying that they need access to these information so as to improve the quality of care, conduct studies that will make healthcare more effective and produce new products and therapies (Easthope 2005).
After looking over articles concerning HIPAA violations I went with the first article I looked over because it was so extreme to read! My first thought as I was reading was “ oh my, oh my this didn’t even happen on accident.” The article I chose to write on is called, “Californian Sentenced to Prison for HIPAA Violation”. April 29, 2010. The first sentence of this article is what drew me in. A former UCLA health system employee named Huping Zhou became the first person in our nation to go under imprisonment for violating HIPAA. Before being employed as a medical researcher at UCLA, Zhou was a licensed cardiothoracic surgeon in China. While employed as a medical researcher, Zhou took it upon himself to illegally view and read up on his coworkers and other high profile celebrities medical records. After receiving a notice that UCLA was going to dismiss him because of low job performance in illegal access. While on trial he admits to accessing UCLA records 323 times during a 3 week period. Lets just sate this as well, he wasn’t employed at the time either. He admits that he had no legitimate reason to after he was terminated from his job.
They are sworn to protect their patients through these privacy measures. Mr. Chanko had the right to quality health care the question here is, did he get “quality” health care? I mentioned before, that the attending physician could have been distracted by the camera crews, while trying to tend to Mr. Chanko. The doctors also have duties to carry out these rules and regulations on behalf of their patients. Mr. Chanko clearly did not consent to having camera crews there, thus saying that the crew shouldn’t have been there in the first place. The physician should have did the right thing and turned them away to provide his utmost attention to the patient at risk. The decision being entirely up to the physician because his patient was unresponsive isn’t grounds enough to allow crews to film Mr. Chank fighting for his life. The emotional effects these actions will have on the family are detrimental. The hospital isn’t the one that has to grieve this horrific loss the family is going
Everyone has the right to the best medical care that health care providers can offer. It would be unjust not to collect data on patients if it meant that it would be detrimental to the quality of health care that can be provided. It is our duty to others to create systems that promote the most happiness and quality of health for everyone. The anonymity of the data collected also makes the collection of the data itself a just act. Because only the insurance companies have access to the individual identities of the data there is little risk of exposure and does not cause any unnecessary harms. If there were a data breach and personal records are released to the public, the benefits of the data collection far outweigh the consequences of the data leak. The ability to
Within the healthcare systems there needs to be management of access. Every patient encounter does not require access to a patient's entire medical record. Patient's medical records are their personal and private information and they have a right to keep them secure. As healthcare providers, we need to show our patients the respect they deserve as human beings. When caring for a patient it's important to be aware of all the information that is pertinent to their treatment, however there may be things in the patient's record that have nothing to do with what they are being seen for and this information needs to be kept private. Audit trails can prevent unnecessary access to patient's records by requiring healthcare staff to think twice before
-Under this rule, the HIPAA allows individuals the right to access their personal medical records, request amendments to records and locate where exactly their records have been disclosed (Flores, Doider,
The sixth ethical issue arises when the client is denied access to his medical chart. Currently, HIPPA (2006) grants clients access to their medical records. An exception to this is if the information contained within the medical records is “reasonably likely” to cause harm to the client (HIPPA, 2006; APA, 2002). The records were unlikely to cause harm to the patient and, therefore, the client should have had access to them.