hse 340 milestone 1

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School

Southern New Hampshire University *

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340

Subject

Health Science

Date

Dec 6, 2023

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docx

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3

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Milestone 1 HSE 340 Southern New Hampshire University Kimberly Ranftl Introduction: The National Organization for Human Services (NOHS) Ethical Standards and Legal Considerations in Human Services Practices Review and analyze the codes of ethics and legal considerations within the human services field. What NOHS ethical standards relate to the release of health information in the human services field? Include your rationale for how you determined which standard applies. The NOHS ethical standards that relate to the release of health information in the human services field are Standards 3 and 8. Standard 3: Human service professionals protect the client's right to privacy and confidentiality except when such confidentiality would cause serious harm to the client or others, when agency guidelines state otherwise, or under other stated conditions (e.g., local, state, or federal laws). Human service professionals inform clients of the confidentiality limits before the helping relationship starts (Allen, n.d.). Standard 8L Human service professionals protect the integrity, safety, and security of client records. Client information in written or electronic form that is shared with other professionals must have the client's prior written consent except in the course of professional supervision or when legally obliged or permitted to share such information (Allen, n.d.). These Standards explain our commitment to our clients and their privacy. The client decides who may have access to their medical records through written consent. A subpoena or court order is required for records to be released without the patient’s consent. A provider may disclose a patient's condition and location within the facility if asked for by name (McGowan, 2012). What legal issues relate to the release of health information? Use citations to substantiate your claims.
The Health Insurance Portability and Accountability Act of 1996 prohibits the release of protected health information to anyone without the written consent of the patient unless required by law or in the case of a subpoena (McGowan, 2012). What are some of the ramifications for inappropriately releasing confidential information about a patient or client in a hospital setting? If a facility or provider releases information without consent it is considered improper disclosure, however this does not give the patient recourse to sue the provider. However, if a patient's private information is disclosed without consent and the disclosure causes them harm, they have grounds to file a malpractice suit (McGowan, 2012). What challenges does an agency/hospital experience in relation to complying with laws and regulations? In hospitals, there are many areas where private information can be shared accidentally. A visitor can overhear doctors and nurses talking about a patient or seeing patient information on a nurse’s station whiteboard. Because there is so much happening in a hospital and the areas are open, everyday people will hear things, it cannot be helped if visitors are allowed. In a case where health records were to be released to a court, what would you do to prepare for court? Include other issues that should be considered by agencies or hospitals to ensure compliance when releasing healthcare and other confidential information. If records were to be released to a court, the first thing I would do is read the subpoena completely and then read it again. The information I would submit to the court would be specified in the subpoena and nothing more. It is important that the patient’s privacy is respected and that only the information requested is forwarded to the courts. It is the law, and it must be
followed to the letter. The court would be sent a copy of the subpoena and required information from the patient file. When a patient signs a Release of Information for Medical Records, it will state what specific information is requested or it may be the entire record. It is very important that human services personnel gathering this information pay close attention to what is stated on the form. They are to release only what is stated on the form. Any copies that are not going to be mailed to the requesting party should be shredded or destroyed as required by law. References: McGowan, C. (2012). Patients’ Confidentiality. Critical Care Nurse, 32(5), 61–65. https://doi-org.ezproxy.snhu.edu/10.4037/ccn2012135 Corey, G. (2020). Issues and Ethics in the Helping Professions (10th ed.). Cengage Learning US. https://mbsdirect.vitalsource.com/books/9781337671378 Allen, B. (n.d.). Ethical standards for HS professionals . https://www.nationalhumanservices.org/ethical-standards-for-hs-professionals
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