The law does not give permission to the health care professionals to disclose the medical information of the patients. It is the right of a patient to have his or her personal identifiable information to be confidential. This medical information is suppose to only be available to the physician of record as well as other necessary health care and insurance personal. Confidentiality of patient was protected by federal statute, as of 2003. Passing of federal regulations which was the Health Insurance Portability and Accountability Act of 1996 was facilitated by the requirement of having privacy as well as protection of personal records and data in an electronic medical records environment and third party insurance payers.
The meaning of patient confidentiality is that personal and medical information that are provided to the providers of health care cannot be disclosed to others not unless the patient has provided authorization for the release. In fact permission is not supposed to be granted to health care professionals to disclose the patient’s medical information. This is because there could be professional or personal problems by disclosing the medical information of the patients for patients depends on the physicians in keeping private their medical information, American Psychological Association (2003).
Normally it becomes difficult for medical records to be completely sealed up. The greatest factor that affects confidentiality is when clinicians turn to share medical information as case studies. In any case such data happens to be published in professional journals, then the patient’s identity is never divulged and the entire data that identifies the patient become either eliminated or changed. However, if at all the confidentiality is breached, the patient may have the right of suing, British Medical Association (2008).
Another greatest threat to medical privacy takes place since many of the medical bills are settled through a particular health insurance, which can be private or public, Radford, Roger, (2002). In this occasion it becomes very hard for the medical information to be confidential. There is viewing of the health records occasionally by just not physicians and their staffs only but as well medical laboratories, employees of insurance companies, researchers, public health insurance and a lot of others. In any case an employer is providing health insurance; the employee files may then be accessed by the employer and designated employees.
The requirement of the 1996, Health Insurance Portability and Accountability Act (HIPAA) is that every organizations and professionals to guard the privacy of their customers and patients, Carter P.
Disclosing confidential patient information without patient consent can happen in the health care field quite often and is the basis for many cases brought against health care facilities. There are many ways confidential information gets into the wrong hands and this paper explores some of those ways and how that can be prevented.
The knowledge about the HIPAA Privacy and Security rules; its coverage and benefits; its development and updates will help an individual to understand the law to effectively manage and protect his or her own personal health record. The advent of computer technology and the HIPAA terms that were associated with information system will be discussed. Some of the experiences with HIPAA will shared to give a better picture and understanding of the law.
Overall these sources proved to provide a great deal of information to this nurse. All sources pertained to HIPAA standards and regulations. This nurse sought out an article from when HIPAA was first passed to evaluate the timeline prospectively. While addressing the implications of patient privacy, these articles relate many current situations nurses and physicians encounter daily. These resources also discussed possible violations and methods to prevent by using an informaticist and information technology.
This paper will examine the privacy rules of the Health Insurance Portability and Accountability Act (HIPAA) of 1996
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...
Congress addressed growing public concern about privacy and security of personal health data, and in 1996 passed “The Health Insurance Portability and Accountability Act” (HIPAA). HIPAA sets the national standard for electronic transfers of health data. Before HIPAA, each state set their own standards. Now states must abide by the minimum standards set by HIPAA. States can enact laws to incorporate and/or strengthen the basic rights given by HIPAA.
HIPAA is the federal Health Insurance Portability and Accountability Act of 1996. The primary goal of the law is to make it easier for people to keep health insurance, protect the confidentiality and security of healthcare information ad help the healthcare industry control administrative costs. HIPAA stands for the Health Insurance Portability and Accountability Act of 1996. HIPAA was first introduced in 1996. It was made a law by the United States Congress and signed by President Bill Clinton. The HIPAA Privacy Rule protects an individual’s medical records and other personal health information.
U.S. Department of Health and Human Services, Health Information Privacy. (n.d.). Is the use of encryption mandatory in the security rule? Washington, DC: Retrieved from http://www.hhs.gov/ocr/privacy/hipaa/faq/securityrule/2001.html
Doctors, hospitals and other care providers dispute that they should have access to the medical records and other health information of any patient citing that they need this information to provide the best possible treatment for proper planning. Insurers on the other hand claim they must have personal health information in order to properly process claims and pay for the care. They also insist that this will provide protection against fraud. Government authorities make the same arguments saying that in providing taxpayer-funded coverage to its citizens, it has the right to know what it is paying for and to protect against fraud and abuse. Researchers both medical and none nonmedical have the same argument saying that they need access to these information so as to improve the quality of care, conduct studies that will make healthcare more effective and produce new products and therapies (Easthope 2005).
All health care employees will do everything within their power to protect the patient’s right to privacy. This means they will follow the HIPAA law closely. They will disclose information that is relevant to a specialist or treatment. Also, means they will release information that a patient has asked for as promptly as possible.
If you are in the healthcare industry, you have probably heard some rumblings about the Health Insurance Portability and Accountability Act of 1996, coolly referred to as HIPAA. The word is your medical practice will have to be HIPAA compliant by April 2003, but you're not exactly sure what this act mandates or how to accomplish it. In very basic terms, HIPAA has two primary components to which hospitals, health plans, healthcare "clearinghouses," and healthcare providers must conform: 1) Administrative simplification, which calls for use of the same computer language industry-wide; 2) Privacy protection, which requires healthcare providers to take reasonable measures to protect patients' written, oral, and electronic information. Congress passed HIPAA in an effort "to protect the privacy and security of individually identifiable health information. "1 Additionally, lawmakers "sought to reduce the administrative costs and burden associated with healthcare by standardizing data and facilitating transmission of many administrative and financial transactions." 1 HIPAA consultants say the new regulations should save the healthcare industry money in the long run, provide improved security of patient information, and allow patients to have better access to their own healthcare information.
The major goal of HIPAA or Health Insurance Portability and Accountability Act is to provide insurance portability, fraud enforcement, and administrative simplification for the health care industry. HIPAA was created because of the growing concerns about keeping health care information private, the need to consolidate non-standard health care data ...
...y is not absolute and that the disclosure and justification of some individuals cases can potentially be successful. Moreover the person who disclosed the information will always be the person under scrutiny of the common law. Professionally, if the health care worker adhere to the policy it offers much protection for the topic of confidentiality and the correct attitude to retain information correctly.
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 doctor patient relationship is an important connection. Doctor-patient confidentiality is based on the idea that a person should not care for medical treatment because they fear the state will share with others.