Presentation 7-3

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Medicine

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Apr 3, 2024

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Ethical Issues Health Information Law and Regulations Junius Logan Amanda Grogan Student ID 000378130

Issues Encountered in the Field • Breaches • Use of health information • Compliance and regulation •

Breaches • Breaches are a huge problem with new technology • Breaches are a violation and can result in criminal charges. • HIM has to prevent breaches and know how to deal with breaches that have happened. • Watters, P, Oach A, 2020

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Use of Information • Information is now used for research, Public health and analytical programs. • Cross platform and interoperability is always an issue with the new and ever changing technology and how information is used • Privacy and security are a concern because it could damage credibility and trust if information is exposed. • Information is shared across many platforms, databases and research centers. Watters, P, Oach A, 2020

Compliance and Regulation • Him professionals have to audit on a continuous basis • During Audits, Him professionals will find mistakes, missing information and incomplete documentation. • Any incomplete chart is not an accurate chart. • This could lead to misdiagnoses, the wrong treatments and delayed care. • Regulations and compliance can become a legal issue • The most up to date care • Ensures integrity of patient information Watters, P, Oach A, 2020

Ethical issues • Integrity • Confidentiality • Security • Privacy •

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Ethical issues with breaches • When there is a breach, Patient information has been compromised. • A patient might feel violated and may lose trust. • Security has been broken • Med Health Care Philos, 2023

Ethical Issues with Use of information • There is more risk with new technology and new research databases. There is more access to patient information. • More access and use puts information at a higher risk of breaches and unauthorized access. EHR's have the potential to expose patient information past the need to know basis. • HIM professionals need to understand the need for informed consent and when information can be used without it. • "An HIM professional’s ethical obligations include the duty to the patient and the healthcare team to protect health information, provide service to those who seek access to their information, preserve and secure health information, promote the quality and advancement of healthcare, function within the scope of responsibility, and refrain from passing clinical judgment." (P, Watters, A, Oach, 2020) (MedBull, 2023)( P, Watter, A Oach, 2020)

Ethical Issues with Compliance and Regulations • Accuracy and honesty relate to the ethical standards of transparency and truthfulness • Patients are entrusting providers to document everything as they report it- accurately and the patient is being honest with the information so they expect the provider to be honest regarding their treatment and documentation. • Compliance ensures the best quality of care. Regulations ensure safety and security. • Deception in healthcare destroys the foundation of care. Mistrust develops and patient may not be honest about their problems. Reputations can be destroyed and quality of care will diminish along with third party reimbursement that is quality based. • If staff charts something inaccurately or retrospectively, it can cause mistakes, legal liability or non-compliance issues which can lead to reimbursement increases ( which is an ethical issue of greed) and medical legal action. • Policy and procedures ensure everyone is trained the same and is giving the same quality of care throughout a facility. School of Medicine, 2023

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Concerns about breaches Breaches violate privacy, confidentiality, security Breaches cause mistrust, loss of reputation and HIPAA violation Med Health care Philos, 2023

Concerns about Use of Information • Can increase risk of unauthorized individuals • Puts PHI at risk for more breaches • Information has to be timely, accurate, complete and inputted by authorized staff. • Blanket and need to know authorizations • Coding incentives for reimbursement • Patients can have their identity stolen if their information is misused. • Sensitive information regarding the patient might be released to the wrong person such as HIV, Abuse or infections. (Med bull, 2023) (P, Watters, A Oach, 2020)

Concerns about Compliance and Regulation • Liability of incomplete health record • Loss of trust, Integrity and reputation • Quality of care decreases • Reimbursement decreases • Increases possibility of incorrect care • Training is necessary to prevent legal action due to non-compliance or regulation issues. Staff also benefits for understanding how their decisions affect the patient and their care. School of medicine, 2023

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AHIMA Code of Ethics System Integration: • Advocate, uphold, and defend the consumer's right to privacy and the doctrine of confidentiality in the use and disclosure of information. • Preserve, protect, and secure personal health information in any form or medium and hold in the highest regard health information and other information of a confidential nature obtained in an official capacity, taking into account the applicable statutes and regulations. • Use technology, data, and information resources in the way they are intended to be used. • Advocate for appropriate uses of information resources across the healthcare ecosystem. AHIMA, 2024

AHIMA Code of Ethics • Breaches: • Advocate for appropriate uses of information resources across the healthcare ecosystem. • Recruit and mentor students, staff, peers, and colleagues to develop and strengthen professional workforce. • Advance health information management knowledge and practice through continuing education, research, publications, and presentations . • AHIMA, 2024

AHIMA Code of Ethics • Honesty/ Accuracy: • Refuse to participate in or conceal unethical practices or procedures and report such practices. • Use technology, data, and information resources in the way they are intended to be used. • Perform honorably health information management association responsibilities, either appointed or elected, and preserve the confidentiality of any privileged information made known in any official capacity. • • AHIMA, 2024

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HIM ethical questions • What are some ethical considerations when using patient information for research purposes? • How does the HIM professional Promote the benefits of new technology such as the EHR while also maintaining the relationship with the patient and upholding their right to Autonomy and the need to know authorization when the EHR presents more information to every provider who has access to it? • How does the HIM professional deal with advance directives being lost in the EHR or not able to be accessed quick enough for staff during emergencies yet it is stored in the EHR and follows policy?

Citations • AHIMA. (2024). Code of Ethics . AHIMA. https://bok.ahima.org/topics/industry-resources/code-of-ethics/ • Dana Mcway. (2021). Legal and Ethical Aspects of Health Information Management . Cengage. • Med Bull. (2023). Ethical Challenges and Principles in Integrated Care. National Library of Medicine. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10286793/ • Med Health Care Philos. (2023). Rethinking the Ethical Approach to Health Information Management. National Library of Medicine. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5088219/#:~:text=In%20the%20healthcare%20system%2C%2 0information,and%20trustworthiness%20(Juengst%202014). • School of Medicine. (2023). Truth Telling . University of Missouri. https://medicine.missouri.edu/centers-institutes-labs/health-ethics/faq/truth-telling#:~:text=Truth%2Dtelling% 20or%20honesty%20is,and%20potentially%20harm%20the%20patient. • Watters, P.O. A. (2020). Health Information Management: Concepts, Principles, and Practice (6th ed.). American Health Information Management Association (AHIMA). https://wgu.vitalsource.com/books/9781584267577

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Presentation 7-3

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