The Health Insurance Portability and Accountability Act

There are federal and state laws in regards to privacy, consent and confidentiality (AACAP,2015).To protect and prevent unauthorized exposure of health information the Health Insurance Portability and Accountability Act (HIPAA) was passed in 1996 by congress to honor the agreement of confidentiality to the client in question. Confidential agreements are important when dealing with clients’ personal health information and keeping it private (Gill and Johnson, 2010; 160). One major way to prevent risks of exposure is the requirement that health care professionals get a signed consent form from the patient in which the personal information is about beforehand. For example; if I want my own personal medical records I have to sign a consent form giving my health care provider promotion to release my information to me. A patients’ consent is an important factor since the risk of exposure can happen.

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... ... middle of paper ... ...vacy screen on the computer and/or turning the computer away so customers cannot see what’s on the screen, and use a secure network to receive new prescriptions or request refills. A patient must be notified and give authorization to allow a list of their drugs be given to a marketing company.

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

When this element topic is trickled down to medical privacy, then the definition of privacy extends to encompass confidentiality and security. This is where collection, storage and even usage of a patient’s information are summed up to define patient’s privacy. Thus, a patient’s privacy refers to the confidentiality and security with which patient’s information is handled with. As can be seen, this involves several parties who are involved in the usage, storage and collection and thus safeguarding that information is important. Therefore, confidentiality involves not disclosing that information to third parties.

The HIPAA (Health Insurance and Accountability Act) was designed to safeguard the privacy of medical records. It contains specific guidelines for medical personnel as how to handle and maintain the patient’s medical information. (http://www.hhs.gov/ocr/privacy/hipaa/ understanding/consumers/consumer_summary.pdf) Health care providers are required to provide the patient with a notice of privacy document. “The HIPAA Privacy Rule provides protection of health care information, for consumers by the federal government, held by health care facilities.” (http://www.hhs.gov/ocr/privacy/hipaa/ understanding/index.html). The privacy notice includes information on how to gain access to your medical records and how to get copies.

How HIPAA's Privacy Rule Protects YOU; The Patient Access to your own medical records Prior to HIPAA, access to YOUR medical records were not guaranteed by federal law. Only about half the states had laws giving patients the right to see and copy their own medical records. You may be charged for copies but HIPAA sets fee limits. You Must Be Given Notice Of Privacy Practices How your medical information is used and disclosed must now be given to you. The notice must also tell you how to exercise your rights and how to file a complaint with your health care provider and with the DHHS Office of Civil Rights.

Patients' Rights and Access to Medical Records The confidentiality of patient visits and medical records are essential in providing the highest quality of health care. Under penalty of law, a patient's medical records or any other information regarding the patient may only be released with his or her authorization. Exceptions to this are certain cases specified by law for example, health care providers are required to report certain communicable diseases such as measles. Many organizations and laws have been developed to maintain patient's rights of confidentiality and access to their medical record. Guided by the principle that confidentiality is essential in developing strong trust between patients and healthcare providers, the American Health Information Management Association (AHIMA) members are committed to ensuring that patient records are disclosed and only available to medical personnel and others acquired by law.

Confidentiality is a key element within healthcare’s morals, laws and ethics. The term refers to information patients reveal to health care providers remains private with strict restrictions in place as to when it can be divulged to a third party (Harvey. 2005, p. 157). Confidentiality protects human rights and supports nurses’ professional values (Nursing and Midwifery Council (NMC), 2013), for example making the care of your patients the first priority, respecting their privacy and dignity (NMC, 2008, p. 1). Confidentiality is a necessity but should not override patient care, or rule clinical supervision (Fowler, 2013, p.1196).

They should work within the guide line of the NMC code to patient confidentiality. The access to intimate personal information should not be abused but seen as a privilege, the ability for a patient to divulge this information all rest on trust that the information will be protected. These ultimately help diagnoses, protection of patient and move research forward while enhance therapeutic relationship. Furthermore, Nurses should be able to identify and recognize what confidential data is and take practical measures to protect this information. They should take advantage of the policies and procedures to protection and dissemination of personal information.

Only medical personnel that need access to the information should have access. Measures must be in-place to ensure that prying eyes who do not have a need to know are not able to access and expose a patient’s private health information (Strauss, 2012, p. 19) or sell it to others who could profit from this information. When planning and implementing a health management information system (HMIS), especially from the ground up, health systems privacy must be one of the most fundamental aspects to consider. Limiting assigned access, restraining the ability for the layperson or end user to access information outside of their scope, and ensuring that should breaches occur, they can be tracked and limited. Involvement at a systems’ beginning allows the opportunity to work with the team in creating built-in privacy measures.