McCubbin Mod3 Assn
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School
Community College of Baltimore County *
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Course
140
Subject
Health Science
Date
Feb 20, 2024
Type
docx
Pages
2
Uploaded by CoachTankPolarBear31
Name _____Megan McCubbin__________________
HIIT 140 Health Law and Information Governance
Module 3 Assignment
: Chapters 8 and 9
Legal and Ethical Aspects of Health Information Management
Points
: 25
After completing the reading for Module 3, provide a detailed response to each question below.
Key your responses directly below the question. Save the document as Last Name Mod3Assn
. Submit the assignment using the assignment submission link. 1. Compare and contrast the clinical uses of a health record with the secondary purposes of a health record.
Clinically, the health record acts as a chronological documentation of patient care, facilitating communication among healthcare professionals, supporting research endeavors, aiding in quality improvement initiatives, and contributing to public health surveillance efforts. Conversely, its secondary purposes extend to administrative, financial, legal, and employment-related domains. Health records support billing and insurance claims, enabling healthcare providers to document services rendered and third-party payers to assess care appropriateness. They also serve as documentation for employment-based matters, such as documenting disability for employee benefit purposes. Moreover, health records function as legal documents in professional liability actions, providing evidence of care provided, adherence to standards, and reconstructing patient care episodes. 2. When does the physician-patient privilege apply, and why is its use?
The physician-patient privilege is a legal concept that protects the confidentiality of information shared
between the patient and their healthcare provider. This privilege comes into play during trials or legal proceedings, where it prevents the health care provider from being compelled to disclose or testify about information they learned while treating the patient. It’s meant to encourage patients to share relevant information with their healthcare providers, even if it’s sensitive or embarrassing. This privilege applies across both public and private healthcare sectors. While its typically considered the patients right, healthcare providers can also assert this privilege on behalf of the patient to prevent any forced disclosure of sensitive information. 3. Why is a certificate of destruction important?
A certificate of destruction is important in cases when the health care organization uses a third party to preform the destruction. The organization must ensure that the third party follows the exact instructions outlined in the contract’s terms on handling and processing data records. Another purpose
these certifications serve is if a provider is under investigation in a medical malpractice lawsuit in which the absence of a health record is an issue. 4. What legal requirements apply to a record retention policy?
Legal requirements pertaining to record retention policies are governed by statutes at the state level and regulations at both state and federal levels. State statutes often establish specific time frames for retaining health records following the death or discharge of a patient, taking into account factors such as patient age or mental status. However, regulations more commonly provide these time frames. This
duration is crucial as it influences a hospital’s ability to defend against legal action. Notably statute of
limitation in contract or tort actions also impacts retention decisions, as the availability of health records significantly affects the success of lawsuits. 5. Compare and contrast confidentiality and privacy.
Confidentiality refers to the practice of protecting sensitive information from unauthorized access or use. Privacy is a broader concept that encompasses an individual’s right to control their personal information, including its collection and use. Both involve safeguarding sensitive information from unauthorized access or disclosure. They are also both fundamental principles in maintaining trust, autonomy, and security in interpersonal relationships, organizations, and society at large. In contrast, confidentiality typically pertains to specific relationships or context while privacy is broader and applies to various aspects of one’s life. Privacy is considered a fundamental human right where confidentiality often involves professional or legal obligations.
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