Med Law and Bio Ethics

. 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

When confidential patient information is disclosed without consent it is a violation of the HIPAA Title II Security Rule. This rule was enacted in response to private information being leaked to the news and emails containing privileged information were read by unauthorized people. Identity theft is a real concern so patient privacy should be taken seriously. This is a rule can easily be broken without the

HIPPA is the law to protect health information communicated in any manner. It states the privacy and security regulations on the rights and standards of the patient. It also defined the penalties for those who fail to protect the individual’s identifiable health information. The information on patient’s name, diagnosis, important activities for the shift and room number are all included in the HIPPA privacy rule. HIPPA privacy rule part § 162.1002 Medical data code sets. (i) Prevention. (ii) Diagnosis. (iii) Treatment. (iv)

A breach of confidentiality for a health care professional can result in the following consequences: A healthcare provider who unintentionally performs a breach of confidentiality could result in a $50,000 fine and/or 1 year in prison. A healthcare provider who performs an intentional breach of confidentiality could result in a $100,000 fine and/or up to 5 years in prison. If, however it could be proven that the healthcare professional had intended to sell the confidential information it could result in a $250,000 fine and/or they could face up to 10 years in

“The Health Insurance Portability and Accountability Act (HIPAA) of 1996 made it illegal to gain access to personal medical information for any reasons other than health care delivery, operations, and reimbursements” (Shi &ump; Singh, 2008, p. 166). “HIPAA legislation mandated strict controls on the transfer of personally identifiable health data between two entities, provisions for disclosure of protected information, and criminal penalties for violation” (Clayton 2001). “HIPAA also has privacy requirements that govern disclosure of patient protected health information (PHI) placed in the medical record by physicians, nurses, and other health care providers” (Buck, 2011). Always remember conversations about a patient’s health care or

The forms restrict access to patient’s information by seeking the patient’s permission to disclose such information in certain circumstances only. The forms thus must be available in the HIPAA compliance manual. The HIPAA forms are crucial in implementing access controls to keep track of the persons who access the patient’s information. The new patient forms include patient history forms, patient registration form, advanced directive to physician forms, authorization for use and disclosure of protected health information, HIPAA Contact Disclosure, HIPAA notice of privacy practices (Acknowledgement), and well-being assessment form.

Personal health information includes a patient’s name, address, birthdate and social security number. It also includes a person’s health or mental status whether it is in the past, present or future. HIPAA gives people the right to have access to their medical records. It also states that people have the right to either give consent or deny consent of their information being shared or released. All health care facilities, insurance companies, pharmacies, vision, and dental offices must adhere to the HIPAA guidelines. Though patients have a right to their information being kept confidential, their information may be shared for necessity in regards to treatment, billing, to protect the public health, and if the law requires disclosure. Penalties are set in place for violations of the HIPAA laws ("HIPAA summary,"

It is important for all health care recipients and health care providers to read information regarding HIPAA that way everyone will be informed of what rights are privacy they are entitled to and the workers are aware of what information needs to remain confidential. People can receive handouts regarding information about HIPAA, as well as the Internet. There are hundreds of online websites that people can go to in order to receive more information on how HIPAA works and what is required to ensure everyone follows the laws that go along with HIPAA. Breaking the law can have some major consequences so it is important to understand HIPAA and what privacy laws are enforced to protect a patient’s information. The information that is

Privacy legislation and the legal complexities surrounding the ownership and management of patient information, many physicians are wary about when they may or may not release such information to patient and other parties. All patients have the right to the information in their medical records. In certain situations the physicians have the right to refuse the release of patient information to the patient, if the have any reason to believe that the disclosed information would have a reverse effect on the patient’s mental, physical, emotional health, or cause harm to a third party. When needed to be transferred a copy of the information may be sent directly from the former physician to the new one. In other circumstance the patient can receive the record themselves and hand it directly to the new physician. It is recommended that the original files are not released, instead a photocopy or scan of it may be sent. A physician may release patient information to lawyers and other parties when requested to do so only if the patient or the patient's substitute decision-maker has given authorization, preferably in writing, or if authorized by law or a court order.When information is

The U. S. Department of Health and Human Services published a bulletin on September 2, 2005 that addressed “HIPAA privacy and disclosures in emergency situations” (Department of Health & Human Services [DHHS], 2005, p. 1). According to this bulletin, patient information can be shared in emergency situations to provide treatment. Information may also be shared if it is necessary to “identify, locate and notify family members, guardians, or anyone else responsible for the individual’s care of the individual’s location, general condition, or death” (DHHS, 2005, p. 1). Finally, information may be shared if the patient is found to be in imminent danger or if the individual has agreed to be included in the facility directory

HIPAA requires nurses and nursing students to keep patients’ medical records confidential at all time. For instance, I used computer to review patient’s diagnosis, I made sure that I signed off the computer after using it. I also made sure that all the information I brought home with me did not include patient’s name and other information that identify patient identity.

6. A breach of confidentiality can result in what consequences for a health care professional? The penalties for violating HIPAA range from civil penalties of up to $100 per person per incident for minor improper disclosures of health information, and up to $25,000 for multiple violations of the same standard in a calendar year. Federal criminal liability for improper disclosure of information or for obtaining information under false pretenses carries sanctions (fines) of $50,000 and one year in prison. The liability for obtaining protected health information under false pretenses with the intent to sell, transfer, or use the information for personal gain or for a malicious action, such as Medicare fraud, carries penalties of $250,000 and/or up to ten years in prison. Severe penalties are in effect if lax security allows health information to be stolen. There is also a risk of a class action suit as well as public relations damage to the institution’s or physician’s image.

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

Confidentiality is considered a core value or principal in the medical practice. Confidentiality is a right that all people have within the medical field. This is the requirement of health care providers to keep a person’s information exclusive unless the patient or the person consents in the form of a release to share that information with other people that practice. Usually the consent is given when a doctor wants to consult with a different doctor for example. In this case it would be for the betterment of the person.

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