Others may say the incident that happens in the case represented is not improper or illegal, however it is illegal due to the fact that reviewing private information (medical records) is not an action protected by any law, regulation or statute. By committing this act the nurse is not providing the patient with a safe place and the patient could not feel comfortable. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) was designed to protect and keep safe the privacy of sensitive patient information and combat fraud in the healthcare industry, simplify administration of health insurance, and promote the use of medical savings plans for employees. HIPAA ensures that a patient’s personal, identifying health records should
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
HIPAA protects the information of each patient and requires strict confidentiality of the professional that work in a healthcare institution, medical office and anywhere where healthcare services are provided. “HIPAA considerations include the need to be able to provide the client, upon request, with a log of caregivers who have accessed his or her chart” (Hebda & Czar, 2013, p.288). In this case I consider that Kevin shouldn’t access his mother’s record unless he is authorized by her or the nurse in charge of her care that authorizes him to have access to it to write notes, orders and document each encounter with the patient. The clerks unit can access the patient chart if they are required to give information to authorize a procedure, study or a copy for study results or for labs, otherwise they either can’t access them. In Kaneesha is not right either for Kevin to be
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
165). The HIPAA regulations are set as a protection of Personal Health Information (PHI) and all of its areas of concern, i.e. – name, condition, symptoms, etc… Legally, the nurse is not subjected to any clearly defined healthcare related laws, at the federal level, liable under the Privacy Acts of 1974 which protects any personal identification records or information relating to the patient’s privacy. The nurse takes photographs of the patient’s demographic information from his electronic health record which violates the regulations set forth by the Privacy Acts of 1974 (Privacy Act of 1974, n.d.). In many aspects of this scenario, a major concern lies on the nurse’s ethical, unethical, practice. The American Nurses Association (ANA) delineates in Provision Three of the Code of Ethics for Nurses “The nurse promotes, advocates for, and protects the rights, health, and safety of the patient.” (ANA, 2015). The nurse is in many violations enough to end their career in this situation. The privacy of the patient is a right not a privilege. With the increase usage of social media, this invasion of privacy on the patient could potentially be leaked and could lead to jeopardizing the patient’s safety while in the hospital.
A nurse that search records of the patients on different units in the hospital is a clear example of HIPAA (Health Insurance Portability and Accountability Act). HIPAA Provides the ability to transfer and continue health insurance coverage for millions of American workers and their families when they change or lose their jobs; reduce health care fraud and abuse; Mandates industry-wide standards for health care information on electronic billing and other processes; and requires the protection and confidential handling of protected health information. That was passed by Congress in 1996.
HIPAA, (Health Insurance and Portability Act of 1996) outlines rules and regulations and the rights of patients to access their healthcare information such as notifications of privacy practices, copying and viewing medical records, and amendments. This paper explains why confidentiality is important today and discusses recourses patients can use if they believe their privacy has been violated. This paper will also discuss criminal and civil penalties’ that can occur for breaking HIPAA privacy rules.
HIPAA, (Health Insurance and Portability Act of 1996) outlines rules and regulations and the rights of patients to access their healthcare information such as, notifications of privacy practices, copying and viewing medical records, and amendments. This paper explains why confidentiality is important today and discusses recourses patients can use if they believe their privacy has been violated. This paper will also discuss criminal and civil penalties’ that can occur for breaking HIPAA privacy rules.
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.
In the scenario discussed the nurse working makes numerous decisions that put both her and her patient at risk. She violates the patient’s privacy not only by taking pictures of him while unconscious, but also by sending them to her friend as well as taking pictures of the patient’s demographics. According to the HIPAA standards, any unauthorized disclosure of private patient information, is a breach of the Privacy Rule (HHS, n.d). It would be a completely different story if the nurse were to have asked the patient once he had recovered if she could take a picture and had gotten his authorization. However, that is not the case and the nurse, if caught, could face penalties. Not only is the nurse violating the patient’s privacy, she is also violating
There are laws in place that protect a patient in the health care setting. The Health Insurance Portability and Accountability Act of 1996 or HIPAA, as it is known in the healthcare field, was designed to protect the privacy,confidentiality and security of patient information (Pozgar, 2013).Employees the health care field are very aware of HIPAA and the rights of their patients. All staff knows that patient information can only be discussed with qualified individuals on a need to know basis. Speaking about cases outside of work is strictly prohibited. Photography or recording of any patient interaction is also a breach of a patient's rights as well. The problem with this is that there are many policies in place to protect the
Health care members are required to guarantee that the privacy of the patient’s health information does not get out without the patient’s permission. Healthcare workers can use the patient information for treatment or payment cleared by HIPAA. The worker must get permission from the patient before they
Our case assignment clearly shows that Dr. Williams acted unethically and violated HIPAA by showing his patient’s health record while seeking advice from a friend. His violation was specifically indentified in the Privacy Rule, which protects PHI “held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral” (Office for Civil Rights, Privacy Brief, 2003). Whether Dr. Williams is a covered entity or a business associate with a contract is unclear but we can be sure that electronic health care transactions occur in his clinic subjecting him to the Privacy Rule along with other federal statutes and regulations.
Finding out that people blame doctors for when their patient commits a crime puts my mind in utter disbelief. The law of patient confidentiality clearly states that the physician must keep all information a patient informs them in confidence, unless it acquires serious medical care, but if the doctor breaches the confidentiality by informing a third party without the patient’s consent, he or she could be sued. Doctor-patient confidentiality is based on the belief that a person should not be worried about seeking medical treatment in alarm that his or her problem will be shown to others. The objective of the relationship between the patient and their doctor is to make patients feel as comfortable as possible by providing them with any information they way need about their symptoms. This helps the doctor to make a correct diagnosis, and overall helping the patient feel comfortable enough to trust their doctor so that they may receive the best care. Once a physician takes a patient on, they must keep all the patient says and does in confidence; moreover, he cannot inform any third party of the patients wellbeing, but there are some exceptions like if the patient intends on causing harm to oneself or other or if it is an issue in a lawsuit. The court system claims A patient must have full confidence that their doctor will be able to keep all his or her medical issues private which helps the patient trust their physician. The professional duty of confidentiality not only covers
Privacy and confidentiality are basic rights in our society. Safeguarding those rights, with respect to an individual’s personal health information, is our ethical and legal obligation as health care providers. Doing so in today’s health care environment is increasingly challenging (OJIN, 2005).
The popular belief among our society has always been “Parents know what's best”. While their kids are young, parents know how to make their medical decisions for them. Parents know what's best for their children, they know how to keep them safe and healthy. However, their children soon turn into teenagers who should be trusted to make their own choices regarding their health care. They’re no longer the children they once were; they can comprehend the extension of every decision they make. Services and treatments should not be restricted to them because of their age or need for parental consent. Teenagers should be given confidential health care and should be trusted to make the choices that regard themselves. They should be allowed the privacy from everyone, including their parents make those choices.