5-2 Final Project Milestone 3 (3)
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Milestone Three: Draft of Conclusion
Melissa Lawrence
Southern New Hampshire University
HSE 340: Law & Ethics in Human Services
J. Brooke Andrews, MSW
11/26/2023
Ethical Considerations
To guarantee that clients receive the greatest care and support possible, ethical problems
in human services must be addressed. When laws collide with client rights or when personal and
professional beliefs clash, ethical quandaries can occur
.
Important ethical issues need to be
discussed in a hospital context as well as in any other place of service.
When it comes to a patient's PHI, knowing right from wrong and how to apply it is
crucial. The four major tenets of ethics are autonomy, beneficence, justice, and nonmaleficence
(
Haddad, 2023).
Patients are entitled to draw their judgments based on their values and beliefs.
Patients are entitled to refuse any medical care, prescription drugs, surgery, or other services
provided at a hospital. Healthcare professionals must reduce injury, abstain from mistreatment,
and promote virtue for the patient's benefit. Every healthcare provider must treat every patient
fairly. It is the responsibility of all healthcare personnel to inform patients of the benefits and
uncertainties. The patient will be able to make decisions for themselves as a result.
Another right
that every patient has is the right to not harm them; this is known as non-maleficence
(
Haddad,
2023).
When a patient decides to cease taking medication or receiving therapy, it can be
extremely difficult for healthcare professionals to comply ethically.
Laws or Regulations
The federal legislation known as the Health Insurance Portability and Accountability Act
of 1996 (HIPPA) regulates the security measures for protecting confidential health information
and controls the exchange, utilization, and disclosure of PHI by healthcare organizations.
HIPPA
was expanded in 1996 with the addition of the Privacy Rule, which established national
guidelines for safeguarding patient health information, including mental health records and PHI
(
Message From 2008 and 2009 Ethics Committee Chairs
, n.d.-b). The Privacy Rule's goal is to
guarantee that patient PHI is properly protected while allowing access to the minimal amount of
PHI required to advance the health and welfare of the patient.
Patient records created by
federally funded programs for the treatment of substance use disorders are protected by 42 CFR
Part 2 requirements.
According to 42 CFR Part 2 and HIPPA, courts are not regarded as
"covered entities."
For any patient's PHI to be disclosed to the court system, state regulations
must also be complied with. Courts may request access to healthcare records from covered
entities, like treatment providers, by terms of HIPPA, 42 CFR PART 2, and state legislation.
The
majority of state statutes demand a court order before the material is disclosed to a court (
Home |
Bureau of Justice Assistance
, n.d.-b). Courts may request access to healthcare records from
covered entities, like treatment providers, by terms of HIPPA, 42 CFR PART 2, and state
legislation.
The majority of state statutes demand a court order before material is disclosed to a
court.
Additional Strategies
A human services organization can incorporate a variety of methods into its protocols or
practices.
One tactic is to require informed permission regardless of the patient's circumstances.
An incident could constitute a liability for the healthcare organization if, for example, patient
PHI is revealed or there is no documentation of the patient's informed consent.
A further tactic is
to mandate yearly training on HIPPA, the Privacy Rule, 42 CFR Part 2, and other firm rules
concerning patient confidentiality and PHI for all workers. Another tactic that a human services
organization may use is mandating that all staff members follow the National Organization for
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Human Services (NOHS) Ethical Standards.
Human service professionals are aware of these
norms when making morally sound and astute decisions.
Despite not being legally binding,
ethical standards can be utilized to resolve problems about the conduct of human service
professionals (Allen, n.d.-b). A human services agency can avoid lawsuits by putting these
specific tactics into practice.
Developing Court Documents
Before preparing to release a patient's PHI, I suggest human service organizations
confirm that the court order or subpoena was signed by a judge. This will help them be ready for
the delivery of health records to a court. The human services agency must have the patient's
informed permission if the court order or subpoena was not issued by a judge.
The human
services organization must never supply any PHI that hasn't been specifically stated in the court
order or subpoena and must only divulge the PHI that has been requested in those documents.
Only the information expressly stated in the order may be disclosed by the supplier (
Office of
Civil Rights - United States Department of State
, 2022). To assist in protecting the confidentiality
of a patient's PHI, the human services organization must abide by all HIPPA rules and Privacy
Rules, regardless of any court orders or subpoenas.
Resources –
Allen, B. (n.d.-b).
Ethical standards for HS professionals
.
https://www.nationalhumanservices.org/ethical-standards-for-hs-professionals
Haddad, L. M. (2023, August 14).
Nursing ethical considerations
. StatPearls - NCBI Bookshelf.
https://www.ncbi.nlm.nih.gov/books/NBK526054/
Home | Bureau of Justice Assistance
. (n.d.-b). Bureau of Justice Assistance. https://bja.ojp.gov/
Message from 2008 and 2009 Ethics Committee Chairs
. (n.d.). https://www.apa.org.
https://www.apa.org/ethics/code/message-chairs
Office of Civil Rights - United States Department of State
. (2022, August 24). United States Department
of State. https://www.state.gov/bureaus-offices/secretary-of-state/office-of-civil-rights/