Legal and Ethical Considerations - Task 1

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.

The Health Insurance Portability and Accountability Act (HIPAA) is a set of national standards created for the protection of health information; it is also known as a “Privacy Rule”. This rule was employed in 1996 by the US Department of Health and Human Services (DHHS) to address the use and disclosure of an individual’s health information as well as the standards for the individual’s privacy rights to understand and control the manner in which their information is used.

Shadow charts were developed to gather data and information for additional departments and medical personnel that need access to part of a patient’s file or records. The original records should always remain in the patient’s primary chart allow copies may be available to ancillary departments that may need access to the information. The same level of confidentiality and security applies to the shadow charts. They must be in a secure location with access by authorized personnel only. Additional information that should be included in shadow charts is a formal recording process to document those who access the information. Furthermore, a consistent system of upgrading the

Regulation placed upon the healthcare system only seek to improve safety and security of the patients we care for. The enactment of the Health Insurance Portability and Accountability Act (HIPPA) and the enactment of Meaningful Use Act the United States government has set strict regulations on the security of health information and has allotted for stricter penalties for non-compliance. The advancement of electronic health record (EHR) systems has brought greater fluidity and compliance with healthcare but has also brought greater security risk of protected information. In order to ensure compliance with government standards organizations must adapt

Shadow charts should only contain copies of the original records. Shadow charts are maintained to assist ancillary departments in treating patients. An original record is created after each treatment for the primary record and a copy can be made for the shadow chart only for convenience in providing care. Original records are not to be kept in shadow charts.

HIPAA is governed by 2 entities, the Privacy Rule and the Security Rule. These two rules dictates to outline what the Health and Human Services (HHS) requires to handle Protected Health Information (PHI) in all forms. The Office of Civil Rights (OCR) enforces HIPAA and can leverage

The privacy rule applies to personal health information in any form, electronic or paper, which includes the entire medical record. Individuals have full access to their information, can limit who can gain access to his or her records, can request changes to their medical record if there’s any reason they suspect that the information isn't accurate. In addition, the private information shared is kept to the minimal amount needed. Also, the patients have the privilege to decide whether or not to release their protected health information or PHI for purposes unrelated to any treatments or payment issues, such as research project. (Krager & Krager, 2008) HIPAA implemented specific code sets for diagnosis and procedures to be used in all transactions. Covered entities must adhere to the content and format requirements of each standard. (Center for Medicare and Medicaid Services, n.d)The security rule supplements the privacy rule; it deals specifically with electronic PHI or ePHI. It applies to covered entities that transmit health information in electronically. The Security Rule requires covered entities to keep appropriate

HIPAA, the federal Health Insurance Portability and Accountability act was signed into law in 1996 by President Clinton. The regulation

The Health Insurance Portability and Accountability Act also known as HIPAA was first signed into law on the federal level in 1996. Since it was signed into law it has had a huge effect on patient’s privacy, healthcare workers and even insurance company’s. “HIPAA is intended to improve efficiency throughout health care and requires that health care providers adhere to standardized national privacy and confidentiality protections.” (OMA p .236). It’s an invaluable tool that has created a standard of compliance across the healthcare field.

HIPAA is the Health insurance Portability and Accountability Act. It became law in 1996. The original intent was to help employees change jobs and keep their health insurance by making their coverage portable. Later, on April 14, 2003 lawmakers broadened the law to include the Privacy Rule. Protected Health Information(PHI) is a HIPAA term, it includes all medical information of an individual. All patients health information is protected no matter what form it is in. PHI can be controlled in many forms such as backup disk or tapes, insurance statements, lab reports, prescription forms, patient form, email, etc. Five steps to comply with the Privacy Rule are:

Information security and HIPAA policies should cover all the necessary access and control measures needed to secure information system resources and deter, shield and protect the organization from security breaches. The scenario demonstrates that the organizations overall information security posture is poor. The HIPAA, remote access and retention policies within the information management division need to be addressed due to the healthcare organizations legal obligation to ensure the privacy of protected information. Security safeguards can be addressed through vigilance and the implementation logical and administrative access controls. Properly administered HIPAA Privacy and remote access policies would not only help alleviate but quickly identify 3 undocumented accounts with global remote access. HIPAA security standards require any user with access to protected health information have a documented need to

Any patient that is seen by a physician within the United States is to be protected by the “Health Insurance Portability and Accountability Act” or HIPAA, which was passed into law in 1996 (Jani, 2009). All health care facilities dealing with any protected health information (PHI) are to ensure that all physical/electronic processes are safeguarded from any third party entity or unauthorized personnel according to HIPAA. All health care data to include any medical insurance

Protected health information (PHI) is information in a medical record or set of medical data that can be used to identify an individual and was created during the normal healthcare process (1). Medical identity theft is the use of PHI to obtain medical care, drugs, or submit claims to insurance in another person’s name (2). To help prevent medical identity theft, the Health Insurance Portability & Accountability Act (HIPAA) was passed in 1996 with the purpose of directing how patient is used and can be made available. HIPAA is typically divided into 2 rules: the privacy rule and the security rule. The Privacy rule establishes the standards to protect individual healthcare data and applies to health plans, clearinghouses, and healthcare providers that conduct certain electronic healthcare

There will be many scenarios that can challenge a counselor. However, when there are specific cases that involve harm to the clients’ person or another a counselor must follow the processes outlined in the bylaws of the American School Counselor Association. These outlined processes serve two important purposes, the purpose of protecting the client and the purpose of protecting the counselor. This paper will answer questions in response to the scenario of Angela.

The HIPAA Security Rule standards specify a series of administrative, physical and technical security requirements to ensure the confidentiality of electronic protected health information (e-PHI) that is accessed, processed, used or transmitted. These standards are divided into either required or addressable implementation specifications and provide the framework for Topaz to measure compliance. The Risk Management Team performed the following actions to determine compliance with each HIPAA Rule.