HIPAA Vs EMTALA Case Study

US Congress created the Hipaa bill in 1996 because of public concern of how their private information was being used. It is the Health Insurance Portability and Accountability Act, which Congress created to protect confidentiality, privacy and security of patient information. It was also for health care documents to be passed electronically. Hipaa is a privacy rule, which gives patients control over their health information. Patients have to give permission any healthcare provider can disclose any information placed in the individual’s medical records. It helps limit protected health information (PHI) to minimize the chance of inappropriate disclosure. It establishes national-level standards that healthcare providers must comply with and strictly investigates compliance related issues while holding violators to civil or criminal penalties if they violate the privacy of a person’s PHI. Hipaa also has boundaries for using and disclosing health records by covered entities; a healthcare provider, health plan, and healthcare clearinghouse. It also supports the cause of disclosing PHI without a person’s consent for individual healthcare needs, public benefit and national interests. The portability part of Hipaa guarantees patients health insurance to employees after losing a job, making sure health insurance providers can’t discriminate against people because of health status or pre-existing condition, and keeps their files safe while being sent electronically. The Privacy

All Americans require assurance and protection measures to shield their daily lives and healthcare laws, government regulations, and approaches do only that. The United States government manages these requirements with the expectation of enhancing the strength of the general population while building up the tools, alongside resources and programs to associate in the conveyance of medical care services. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) alongside the security law have affected preventive care services and how it is conveyed. HIPAA was intended to guarantee that the suitable systems were actualized to protect patient's data while getting care.

. HIPAA privacy rules are complicated and extensive, and set forth guidelines to be followed by health care providers and other covered entities such as insurance carriers and by consumers. HIPAA is very specific in its requirements regarding the release of information, but is not as specific when it comes to the manner in which training and policies are developed and delivered within the health care industry. This paper will discuss how HIPAA affects a patient's access to their medical records, how and under what circumstances personal health information can be released to other entities for purposes

1. Mrs. Smith had a pregnancy test. Mr. Smith called Mrs. Smith’s physician and requested a copy of Mrs. Smith’s test results. Can/Should the physician release the results of the pregnancy test to Mr. Smith over the phone? (Use law and ethics to defend your answer) Why or why not?

HIPAA, what is it? It is privacy, control, and peace of mind. You have the right for your medical information to be kept confidential. You have the right to decide whether or not family members are privy to your medical information. If you are changing jobs, why worry about health insurance coverage. Picture this. A woman called a local hospital and inquired about the condition of a patient. She was informed by the nurse that the patient was on a ventilator and could not talk. Even though interaction seems perfectly harmless, it was actually a clear violation of the privacy of the patient. A prescription for a local analgesic was presented to the pharmacist for a patient with a name similar to a patient already on file. The prescription was filled for the current patient who was actually the father, and not the patient. The pharmacist assumed that the patient was the father and shared with the patient that there was another medication that he had filled for you and asked, “Would you also like to pick up that medication also”? The father was not present and therefore could not object to the sharing of this information with the son. In the past, if you had a preexisting disease such as chronic fatigue or pregnancy, you could be denied health care coverage. Because Congress stepped in to assist and fix the healthcare system, denial of insurance because of a preexisting disease is not accepted. In view of this significant law, this paper will

The main goal of HIPAA is to protect unauthorized access and misuse of confidential health information. It allows for the safe storage of any health facts used, collected, transmitted or maintained by any health organization. It states that all health information about a particular client is completely confidential, regardless of what the format is and whether it is transmitted, maintained or collected. Protected information is that health information that already identifies the patient or could be used in order to identify the patient; it also relates to any of the patient’s past, present or future health conditions, any treatment the patient receives and any payment the patient makes toward their care.

One major benefits is health organizations can receive governmental subsidies, which can be an increase in funding or other financial accommodations. An additional benefit is HIPAA gives health organizations access to other creditable research throughout a variety of databanks systems. Having this system also, minimize the amount of paper that health professionals have to deal with. Using technology and these systems can be viewed as a more efficient and safer way to exchange health data with other health location. It also, helps when needing certain information from the patient they that maybe required for diagnoses, treatment, or other operations. Interoperability can be considered another benefit HIPAA can also, prevent health organization from experiencing lawsuits or having huge fines. For some health locations setting certain value, vision and missions come from the implementing of HIPAA. Possible drawbacks that can occur for HIPAA is when compensation is decreasing according to the balanced budget act standards. In addition, a drawback can surface from using other systems like outpatient payment system in which, causes a decrease in profit. To maintain these systems and programs cost, therefore, having to continuously update and maintain HIPAA can be come costly. However, if these organizations follow proper protocol the marginal benefits outweighs the marginal cost.

HIPAA, short for The Health Insurance Portability and Accountability Act is a privacy act that helps protect your health information. It was created to assure that individuals’ health information is protected safely and securely by allowing the right to protect the release of personal information to unauthorized individuals or organizations. It is important to know what your rights are, know when they have been violated and what you can do, know what the civil and criminal penalties for disclosure are, and know why HIPAA is important. ADD MORE

Thesis: Three things that every patient should new about HIPAA; what is HIPAA, Privacy regulations, and sanctions of violations

Health Insurance Portability and Accountability Act (HIPAA) was passed in 1996 to set a national standard to protect medical records and other personal health information. The primary goal of HIPAA is to make it easier for people to keep health insurance, protect the confidentiality and security of healthcare information and help the healthcare industry control administrative cost.

From the beginning when HIPAA got started it saved people and their privacy encouraging the best standard of care and trust between a patient and physician.

We never stop worrying about our children’s health—be they five or fifty. However, once our children turn eighteen, we as parents no longer have the right to receive their medical information – regardless if they are covered under our health insurance and even if we happen to be footing the bill!

Each policy that has been formulated and brought forth to legislation goes through its many challenges and analyzation before being implemented and becomes a policy and part of legislation. The statutes of HIPAA were brought forth and formulated in hopes of regulating covered entities and providing a type of universal protection of patient information and data. There is no doubt that the policy for HIPAA created skepticism about health privacy laws and the impact that it would have on the health care industry and its professionals.

HIPAA also educated patients on what rights they have, such as the ability to review their own medical records. By becoming educated on what records their physicians have, what their health insurance covers, and much more, patients can make better educated decisions when it comes to their health. “Consumers will get a notice explaining how their health plans, doctors, pharmacies and other healthcare providers use, disclose and protect their personal information. Consumers may file complaints about privacy issues with their health plans or providers or with our Office for Civil Rights” (HIPAA: Impact).

HIPAA was put in place to help set standards on protecting a patients personal health information, therefore HIPAA does affect a patient’s access to medical records. A patient can review or obtain a copy of their records by submitting, to the physician (covered entity), a request for such in writing or a medical release form. In which case the covered entity can release a “designated record set” of certain personal