HI135 Unit 2 Assignment
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Purdue Global University *
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135
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Feb 20, 2024
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HI135 Legal Aspects of Health Information
HI135 Unit 2 Assignment
Short Answer Questions
1.
What is health information and why is it important to protect? Health information is any medical information pertaining to someone’s wellbeing. It includes facts both past and present about an injury, illness, and disability. It is important information, that is protected by laws and regulations, as the individual the information pertains to has legal rights regarding how that information is used and whom it is shared with. 2.
What federal laws offer protection related to patient information? The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is the leading federal law that protects health information. The Privacy Rule safeguards the information and sets limits on how this information can be used and shared. The Security Rule protects the information that is covered by the Privacy Rule. 3.
What is the difference between privacy and confidentiality?
Although sometimes these words are used interchangeably, they differ. Privacy has to do with an
individual and confidentiality regards data concerns. 4.
How is security related to privacy and confidentiality? Security is the fundamental concept of privacy and confidentiality. 5.
Who owns the patient health record and who controls the use of the information within the record?
Physical health records are property of the physician and/or the organization but the date is property of the patient, the provider is the legal custodian of it.
6.
Describe the role of the custodian of health records.
A custodian of health information is accountable and responsible for developing and maintaining
care and control of the private health information. 7.
Discuss the differences between a subpoena and a court order. A court order is a legal document which is issued by a court of law that authorizes disclosing something that could be prohibited by regulation and statute. A subpoena is a type of court order, that for example, requires to make an appearance, or submit records/documents. 8.
Give examples of two questions that a custodian of a health record can answer at deposition or trial. Give examples of two questions that should not be responded to.
A few examples of questions a custodian of health records can answer are authenticity of the record, their position or title, if they have possession of the record, and how and when the
record was prepared. Questions that should not be responded to are questions asking for a
custodians’ opinion, or questions regarding medical records that are from another health organization. Case Discussion
A patient has filed a $3 million medical malpractice lawsuit against St. Patrick Hospital. Considering the patient’s litigious background and the facts of the case, hospital administration is adamant that it is not liable. It has instructed its legal counsel to proceed toward trial, where it may be absolved of liability.
9.
Is the hospital’s decision to proceed toward trial a wise one? Why or why not? It is difficult to determine whether the hospital's decision to proceed toward trial is wise as I do not know the specific facts of the case and the strength of the evidence against the hospital. However, the hospital must carefully consider the potential costs of going to trial, risks, and the chance of a financial judgment against the hospital.
10.
What other options does the hospital have? The hospital has several options including seeking mediation, attempting to settle the case, and pursuing other legal strategies to defend themselves.
11.
Besides the financial resources required to legally defend itself, identify at least two non-
monetary factors that the hospital must take into consideration when deciding to proceed toward trial?
The hospital must consider other non-monetary factors when deciding to proceed toward trial including potential damage to the organization’s reputation, negative publicity, and the impact on
patient trust and confidence.
12.
What risks does the hospital assume when it takes a case to trial? The hospital assumes several risks when it takes a case to trial. Some of these risks include risks mentioned in the above question and the possibility of losing the case.
Scenario: During a school field trip to a local orchard, 13-year-old Johnny Chapman fell out of a tree while picking apples. That evening, his parents took him to the emergency room at
Woodville Hospital, where he was diagnosed with a fractured ulna. He was admitted and surgery was necessary. Johnny was discharged after a two-day stay. Johnny’s parents subsequently sued the school system and two of the three parent chaperones who had volunteered for failing to safeguard Johnny during the field trip and failing to seek emergency medical care. Three months later, the health information department director at Woodville Hospital, Jay Forshall, was subpoenaed with directions to bring Johnny’s record to a deposition the following day. The deposition was being held in Columbia City, which was 125 miles away. Jay complied with the subpoena by preparing Johnny’s medical record. Woodville Hospital’s health record was hybrid, so Jay printed out the electronic components from the hospital’s electronic health record system and collected the remaining components that existed on paper. Jay drove to Columbia City the following morning. During the deposition, legal counsel for the Chapmans proceeded to ask Jay about Johnny’s medical record. Jay was asked to verify that the record was Johnny’s and that it was prepared in the usual course of
business. He was then asked about the contents of the record. One question posed to him was whether Tylenol, which had been administered to Johnny at the hospital, was given to lessen Johnny’s pain. Jay stated that he presumed legal counsel’s statement was true, as that is a common reason for Tylenol to be given. Jay was also asked to read an otherwise illegible note that the physician, Dr. Fogle, had written on the discharge instruction sheet. Dr. Fogle was a visiting physician, and Jay was not familiar with her handwriting. Nonetheless, he tried his best to assist legal counsel in deciphering the note. Jay was not involved in the case any further following the deposition. Several months later, he read in the newspaper that the case had gone to trial. One of the parent chaperones who was initially sued never responded to the complaint and did not participate in any of the proceedings, including the trial. A jury rendered a verdict against the school system and the three parent chaperones, with all being required to pay money damages. 13.
Based on the facts, a motion to quash the subpoena (thus nullifying it) could have been granted based on what two reasons? The facts provided do not mention any specific details about the subpoena or the reasons for quashing it. Therefore, it is not possible to determine the potential reasons for granting a motion to quash the subpoena. 14.
What questions asked of Jay Forshall during the deposition were inappropriate? An inappropriate question was asking Jay Forshall to read the note that the visiting physician, Dr. Fogle, wrote. The note was not written by Jay Forshall, therefore he should not have to decipher it.
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