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HIPAA privacy laws and patient confidentiality
What requirement does HIPPA institute to safeguard patient privacy
Security of medical records
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Introduction
Health information is regarded as one of the most sensitive types of personal information. For this reason, the Privacy Act 1988 provides extra protections around its handling. For example, a counselling organisation generally needs a client’s consent before they can collect their health information. The Privacy Act regulates how these organisations collect and handle personal information, including health information. It also includes provisions that generally allow a person to access information held about them. The Office of the Australian Information Commissioner (OAIC) also regulates the handling of health information held in an individual’s eHealth record.
The Privacy Act 1988
The Privacy Act 1988 is an Australian law which regulates the handling of personal information about individuals. This includes the collection, use, storage and disclosure of personal information in this case information obtained, used, stored by counsellors. The Privacy Amendment Act introduces many significant changes to the Privacy Act. While these changes will not commence until 12 March ...
...). Privacy and Health Information Technology. Journal of Law Medicine, 37(2), 121-149. Retrieved January 28, 2011 from CINAHL database
. 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 not related to health care, the requirements regarding written privacy policies for covered entities, the training requirements for medical office employees and the consequences for not following the policy.
Privacy was once taken for granted in public education, but now through the 1974 law, Family Educational Rights and Privacy Act it is pushed to the forefront of the minds of every educator in the United States (Cossler, 2010). This law has paved the way for many lawsuits regarding privacy of student’s records, which have left teachers scared, undereducated and unaware of certain regulations of the law. FERPA laws provide protections for students, but also allow access of all student records to the student’s custodial parents, which in some situations has cause problems and in some cases have specifically brought clarifications of the law. Has the Family Educational Rights and Privacy Act provided the much needed privacy for students or created an overboard policies?
US Congress created the HIPAA bill in 1996 because of public concern about 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 health care 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 health care 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 patient’s 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 Rule protects individual’s health information and requires medical providers to get consent for the release of any medical information and explain how private health records are protected. It also allows patients to receive their medical records from any...
In an effort to further improve the Australian Health Care System, an initiative was formulated in December 2008 in the Australian Health Ministers Conference for a National E-Health Strategy. This aims to formulate consolidated medical information of all Australians with the aim of optimizing the quality and efficiency of health delivery through electronic communications and information technology to ensure the right health info at the right time and place in a manner that privacy is secured. This initiative was highly regarded as a major achievement of the incumbent government upon its complete realization.
The Data Protection Act 1998 places controls on the length of time, who has access, and how much personal information can be stored on an individual by organisations, businesses and the Government. Any private information must be kept secure in compliance with the law. This ensures the individual’s right to privacy and confidentiality is upheld. (Gov.uk.
Public Expectations: In Health and Social Care, the public expects employees/workers to be caring, respectful towards the patients protected characteristics which means avoiding conflicts such as discrimination and inequality treatments. They should be able to protect personal information of the patients by following the 'Data protection and Confidentiality Act 1998'. They are expected to give good supportive advice towards their patients and employees to improve the quality of work and welfare benefits. They expect higher standards of care, detailed information about their treatment, communication and involvement in decisions making activities and also access to the latest treatments (Thekingsfund,
In the wake of September 11, many things happened very quickly. Along with the beginning of a '"'war'"' against terrorism, an act was passed to help prevent future terrorism in the USA. The name of this is the USA Patriot Act. The act legalizes many surveillance techniques that were once prohibited. The act has been passed without debate, and the new privileges given to our government have not been thoroughly examined. The law enforcers of our country are now capable of monitoring the citizens in ways most people are not aware of. Some of the surveillance laws are self-terminating after four years, but many of the more important laws are permanent. What will these new surveillance laws be used for after the war on terrorism is over? Lee Tien, the Electronic Frontier Foundation staff attorney, suggests that the new rights can be used to put America into a '"'police state'"'. There is a need for checks and balances in the USA Patriot Act to protect the American citizens.
Internet a bad name. There is also information on the Net that could be harmful
The fight for privacy rights are by no means a recent conflict. In fact, there was conflict even back in the days before the revolutionary war. One of the most well-known cases took place in England, ...
In keeping within current legislation on the protection and respect of an individuals’ right of anonymity, (Clamp, Gough and Land 2004; Polit and Beck 2007), and to confidentiality, (Burns and G...
The Health Insurance Portability and Accountability Act (HIPAA), Patient Safety and Quality Improvement Act (PSQIA), Confidential Information and Statistical Efficiency Act (CIPSEA), and the Freedom of Information Act all provide legal protection under many laws. It also involves ethical protection. The patient must be able to completely trust the healthcare provider by having confidence that their information is kept safe and not disclosed without their consent. Disclosing any information to the public could be humiliating for them. Patient information that is protected includes all medical and personal information related to their medical records, medical treatments, payment records, date of birth, gender, and
The privacy of the individual is the most important right. Without privacy, the democratic system that we know would not exist. Privacy is one of the fundamental values on which our country was founded. There are exceptions to privacy rights that are created by the need for defense and security.
This profile adheres to the School of Health and Social Care’s guidelines set by Teesside University’s code of conduct in relation to confidentiality and consent. The profile also adheres to the NMC guidelines referring to consent and confidentiality as a real person has not been used; therefore consent did not need to be gained.
In September 25, 1789, the First Amendment protects people’s privacy of beliefs without government intrusion. The Fourth Amendment protects one’s person and possessions from unreasonable searches and seizures. On February 1, 1886 in Boyd v. U.S. Supreme Court recognized the protection of privacy interests under the Fourth and Fifth Amendments of the U.S. Constitution. In the 1890s, the legal concept of pr...