UNIT 2 PROJ PATIENT & PRIVACY ACT
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American InterContinental University *
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Jun 26, 2024
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PATIENT RIGHTS TO PRIVACY & HIPAA INFORMATION
Author: Tenisha L Snipes
American Intercontinental University
Course Number: HLTH320-2305B-01
Instructor: Jennine Kinsey
December 12,2023
PATIENT RIGHTS TO PRIVACY & HIPAA INFORMATION
Protecting patients' privacy rights is a fundamental aspect of healthcare and is governed by various laws and ethical standards. There are many ways in which patients’ privacy and consent are communicated. Some of those ways are through the health insurance portability and accountability act, informed consent, notice of privacy practices and patient education. HIPAA establishes standards to protect individuals' medical records and other personal health information (PHI). Covered entities, such as healthcare providers and insurers, are required to follow HIPAA regulations. Prior to receiving medical care, patients are often presented with an informed consent form. This document outlines the procedures, potential risks,
and benefits of treatment. HIPAA does not regulate the price of health insurance, but rather, it relies on tax breaks and other tax incentives to reduce health care costs (Chaikind et al., 2005).
Healthcare providers are required to provide patients with a Notice of Privacy Practices. This document explains how the provider may use and disclose PHI, the patient's privacy rights, and how the patient can exercise those rights. Healthcare providers and institutions educate patients about their privacy rights during interactions. Healthcare professionals should undergo regular training on privacy policies and security measures. This training would help to reinforce the importance of maintaining patient confidentiality and staying informed about evolving privacy laws.
By combining legal requirements, informed consent, privacy notices, secure communication practices, and ongoing education, healthcare providers work to communicate and
uphold patients' privacy rights in a comprehensive manner. When these policies and procedures are not followed, this puts a company at risk.
PATIENT RIGHTS TO PRIVACY & HIPAA INFORMATION
Analysis
1.
What are some of the patient rights under the Health Insurance Portability and Accountability Act (HIPAA), and how were these rights violated in this case?
Under the Health Insurance Portability and Accountability Act you have the right to obtain an accounting of disclosures, receive a notice of privacy practices, request special privacy protections for PHI, access copies of all medical records, request an amendment to medical records and access a minor child’s medical records. These rights were violated in this case because the hospital staff refused to provide patients with important patient paperwork to obtain information related to consent, medical insurance and other vital information.
2.
What were the violations committed by staff members of the hospital? What should they have done to comply with the ACA and HIPAA regulations?
Violation:
The hospital staff did not provide necessary information under HIPAA regulations.
Hospital staff left computers open and unattended while confidential patient information was being exposed.
Staff openly discussed PHI, while others were around, exposing patients’ sensitive medical information.
Staff shared private password information with other team members and colleagues.
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Things that should have been done. Compliance Action:
Make sure patients are provided with proper consent forms that need to be signed and explained to the patient.
Ensure staff keep patient information private and confidential by discussing pertinent information in secluded areas away from others.
Keep computer and work devices locked and password enforced to prevent unauthorized access and exposing pertinent information.
Keep personal password information away from others and in a secure location. Never store passwords out in the open where it is easily accessible by others.
3.
What are the specific ACA mandates that providers must honor regarding patient rights?
No longer deny coverage to children under 19 with pre-existing conditions.
Protection offered by the States for patients.
Right to choose your doctor of choice
Must allow patients to file a complaint.
Must cover preventable care at no additional cost.
Under ACA, children under parent’s plan must be covered until age 26 years of age. 4.
How do you use some of these mandates to resolve ethical dilemmas in healthcare?
You use some of these mandates to resolve ethical dilemmas in healthcare by identifying violations on procedures, and consequences. Holding others accountable.
5.
What are some relevant healthcare laws enacted in the last 2 decades that could be applied in this case? Explain them briefly.
ACA-The Affordable Care Act is a health care reform law that increased health insurance coverage, accessibility, and affordability.
HIPAA-.
HIPAA is the Health Insurance Portability and Accountability Act, which sets a standard for patient data protection.
FRAUD & ABUSE-
The Computer Fraud and Abuse Act, commonly referred to as the CFAA, is the US’s primary legislation against unauthorized computer and network access.
Public Readiness and Emergency Preparedness Act-
A PREP Act declaration is specifically for the purpose of providing immunity from liability, and is different from, and not dependent on, other emergency declarations.
Civil Rights Act of 1964-
Act that prohibited discrimination in public places, provided for the integration of schools and other public facilities, and made employment.
6.
What are some of the recommendations you would give to the staff at the hospital regarding admission of patients, visitors, and the handling of patient information?
Offer additional staff training on proper policies and procedures.
Always make sure to provide patients with consistent and quality care.
Create a culture of shared responsibility and accountability.
Ensure staff always explain and provide necessary and confidential paperwork.
Promote a clean desk policy and maintain security of all sensitive information pertaining to patient and business information.
7.
How could you as the new chief executive officer (CEO) of St. Michael's Medical Center prevent these ethical violations from taking place in the future?
Address barriers to enhance organizational resilience and minimize legal risks.
Establish a foundation for ethical decision making.
Interdisciplinary teamwork
Always promote a healthcare environment of patient safety.
Always review policies and ensure compliance amongst staff.
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References
Institute, of Medicine, et al. Beyond the HIPAA Privacy Rule : Enhancing Privacy, Improving Health Through Research, edited by Lawrence O. Gostin, et al., National Academies Press, 2009. ProQuest Ebook Central, https://ebookcentral.proquest.com/lib/aiuo/detail.action?
docID=3378462
The Affordable Care Act’s new patient’s Bill of Rights. (2023, September 6). Centers for Medicare & Medicaid Services | CMS. https://www.cms.gov/CCIIO/Resources/Fact-Sheets-and-
FAQs/aca-new-patients-bill-of-rights
Top healthcare law issues in 2023. (2023, January 23). Wachler & Associates Health Law Blog. https://www.wachlerblog.com/top-healthcare-law-issues-in-2023/