HI135_Unit_2_Assignment_Answers
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Purdue Global University *
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135
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Health Science
Date
Dec 6, 2023
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docx
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2
Uploaded by PrivateThunderHippopotamus33
Christa DeCicco
HI135 Unit 2 Assignment: Introductory Legal Concepts
1.
Health information relates to any personal information regarding a person’s health, which
can include symptoms, diagnoses, procedures, etc. It is important to protect this
information in order to establish trust between the patient and their provider. This will
ensure that the patient will receive the most accurate and appropriate care for their needs.
2.
HIPAA and HITECH are two of the main laws that have been enacted to help protect
patient information. HIPAA created national standards to protect sensitive health
information from being released without the patient's consent or knowledge. HITECH
sought to expand the use of electronic health records and offered incentives for providers
and organizations to convert to electronic health records.
3.
Privacy is the right of an individual to be left alone. Confidentiality comes into play when
private thoughts are shared with someone else in confidence.
4.
Security applies to the physical and electronic protection of patient data. Data security
refers to the measures that protect the electronic data and computer programs from
unauthorized access or accidental/intentional exposure. System security refers to all
safeguards put in place by the organization which can include hardware, software, etc.
5.
Ownership is usually granted to the healthcare provider who created the record and has
physical custody of it. However, patients have the right to control the information
contained in the record and have the right to review their medical records and request a
correction if they disagree with the record.
6.
The custodian of records is responsible for overseeing the creation, completion, and
maintenance of patient records. They may be called to testify to the authenticity of the
records in order to help prove that the records were created in the normal course of
business.
7.
A subpoena is used to compel a person to appear at a specified place and time to testify or
produce documents and is issued by the clerk of court or an attorney. A court order is
issued by a judge, and therefore has greater legal force than a subpoena, and compels
testimony or production of documents and must be complied with whether there is patient
authorization or not.
8.
The custodian of records may answer questions such as “what is your position/title?” and
“was this information received in the normal course of business?” It is inappropriate for
an attorney to ask a custodian of health for their opinion or interpretation of the medical
record. A custodian of records should not answer questions such as “what was the
purpose of this medication?” or “was this procedure medically necessary?”
9.
Proceeding toward trial could potentially be very costly for the hospital and may not be
wise. It could cost a lot of time and money to go to trial when there may be an easier way
to resolve the issue.
Christa DeCicco
10. Another option would be mediation. In mediation, the dispute would be submitted to a
third party and the outcome occurs when all parties agree.
11. The hospital should consider the amount of time that will be involved for all parties,
including those that may be taken away from their regular duties in order to find and
review documents, testify, etc. There will also likely be an emotional toll placed on those
individuals that are involved which could affect overall mood and well-being of
caregivers.
12. Aside from the risk of potentially losing the case, the hospital will most likely have out-
of-pocket costs to pay and an increase in malpractice insurance premiums. Publicity
about the malpractice lawsuit may negatively impact the hospital, even if they end up
winning the case. A negative reputation may cause future patients to look for care
elsewhere.
13. Jay was not provided adequate time to comply with the subpoena since the request to
appear was the following day. He was also required to appear 125 miles away from where
he works and resides, which is over the geographical limit of 100 miles for a non-party
member to have to travel for a trial, deposition, or hearing.
14. The question regarding Tylenol was inappropriate as Jay is not a clinician and cannot and
should not speak to why any medication is given to a patient. He was also asked to
decipher an illegible note written by a provider that he was not familiar with and should
have acknowledged this instead of attempting to read the note.
References:
Reynolds, M. B. L. R. R. (2017).
Fundamentals of law for health informatics and information
management
(3rd ed.). American Health Information Management Association
(AHIMA).
https://purdueuniversityglobal.vitalsource.com/books/9781584265306
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