Health Insurance Portability And Accountability Act (HIPAA)

When the children are incapable, nurses have moral responsibility to assist parents in decision making in the children's best interest. "Substituting an adult judgement of what is in a child’s best interest is not necessarily equivalent with the child’s best interest (Coyne and Harder, 2011)." Acting in a child’s best interest requires parents and health professionals to take children's view seriously and give priority consideration to the impact of their decisions on children (Canadian Coalition for the Rights of Children (CCRC). The adults have responsibilities towards their children to enable them in making decision but they do not have rights to make decision for their children (Lowden, 2002). Children should not be viewed as property. The first step in protecting the rights of children as outlined in the CRC is to view them as citizens (Van Daalen-Smith, 2010). When parents claim that the child belongs to them, they are establishing an ownership notion. Children should be respected as active contributor not as passive recipient of the health care (Maconochie and McNeill, 2010). Therefore, parental role in decision making for their children should be complementary not

. 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

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.

This is for individuals who are lacking the mental capacity and need somebody else to help them manage their legal, financial and health problems. The mental capacity act therefore made it legal so that those who are unable to make their own decisions have the ability to choose somebody who they feel they can trust to help manage their finances, properties and to help make their health and welfare decision. This is done through the power of attorney. This act links to individuals who suffer with dementia as within the late stages of dementia they will need to give someone the power of attorney due to the fact that they will not be able to manage their legal financial and health problems.

Regulations in place to ensure compliance is records locked and secures in a records room which only administration and secretarial staff have access, no work that has a student name and/or grade may be displayed or put where any other person besides the teacher could see, no release of any personal information over the phone, and many other policies set n place to protect the district, teachers and students. Although district policies are in place, there are some loopholes, which unfortunately result in litigation for non-compliance or different interpretation of the law.

1. Under HIPAA, are you legally allowed to view this patient’s medical information? Why or why not?

Release or not to release is the question in today’s healthcare? Being a patient, and going to a doctor’s appointment has really changed versus how it was years ago. Most of us as patients know that we have a right to our own health information, but how is this beneficial to us as patients and healthcare providers? As healthcare is increasingly becoming complex what are ways to enforce these policies and rules? HIPAA rules and standards will need to be the same in each state so there is interoperability the proper way, but will we be able to really accomplish this? This paper will discuss these aspects and ways to overcome these obstacles that are occurring.

Many people are unsure of the rights granted to minors because of the laws in place, or the lack of laws in place. In fact there are laws, such as the Privacy Act of 1988 that could be a reason people are confused about the rights minors have to confidentiality. This act is directly described in a professional practice article when Bird (2007), stated that an adolescent’s health information can be released to a guardian, but in circumstances where a minor is capable of making their own medical decisions, they should be allowed to do so (p. 655). Bird further explained that “If an adolescent is able to consent to their own medical treatment, then they are

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).

3.) Under HIPAA, covered entities (healthcare providers, health plans and healthcare clearinghouse) must comply with the privacy rules. A covered entity may develop its own privacy rules that would accommodate its own needs of protected health information (PHI) management but it most comply with the HIPAA guidelines. It is the responsibility of the entity to put in place a privacy official to oversee the policies, procedures and be on hand and available to be contacted in reference to the privacy rule. A patient should be given a privacy notice act at his/her health facility stating how their (PHI) is being used and to whom it will be shared. The covered entity should include in the notice their duty to assure the patients privacy as well as how and whom to contact if there is a complaint or they feel that their rights have been violated. As of 2009 the Office of Civil Rights (OCR) handles complaints that are made on privacy policies, procedure and practices of HIPAA covered entities.

You may be thinking about what would happen if you were mentally or physically incapacitated. This can happen because you are getting older, experiencing a medical condition that is chronic, or worried about an unexpected accident. The best way to prepare yourself is to legally designate somebody with the power of attorney, who is a legal professional, friend, or family member that you trust to make decisions for you while incapacitated. Here are 3 questions you may have about giving this power to somebody.

There are many legal and ethical situations that healthcare providers will be faced with when providing medical treatment to either a child or an elderly adult. While there is often much discussion regarding the elderly and do not resuscitate orders, there are often times when the decisions for health care of a child may be overlooked. Some of the legal issues that may be faced by healthcare professionals are informed consent, confidentiality, reproductive services and child abuse. Patients have the right to decide what is done to their own bodies, but for children under eighteen, their parents decide for them. A major issue faced by healthcare professionals is parental refusal for treatment. Healthcare providers will be faced with many conflicting ethical and legal situations regarding refusal of a minor’s healthcare and treatment. These issues

A Health Care Power of Attorney should not be confused with a living will, even though both are considered "Advance Health Care Directives". This is because instructions are given on what shall happen in the event that the person becomes unable to make future health care decisions on his/her own. A Living Will only allows the person to express his/her wishes concerning life-sustaining procedures. Health Care Power of Attorney becomes effective only when one does not have the capacity to give or withdraw informed consent regarding one’s health care.

Guardianship, also known as conservatorship as well as the power of attorney are the tools that assist an individual in your stead, in case of your inability to handle affairs. Power of attorney is concerned with the document for estate planning, giving the specific or full (that depends on the choice) financial rights to a person considering the possibility of you ever being incapacitated.