According to an article published by Professional Liability Advocate, “The metadata … compiled into an audit trail … shows the date, time and user who accessed a patient’s chart. It even shows whether the user created or added to an existing record.” If an electronic medical record is altered or amended without indicating that the changes are a late entry, the plaintiff’s attorney will find out. As seen in the example above, this results in negative outcomes for both the case’s defense and the healthcare provider’s
Group 3 Case Study 1 Throughout the foundation of healthcare, the relationship of doctor-patient created a realm where private patient information was protected. It was outlined in the Hippocratic Oath, and then evolved into the common law tort system, which was weighed on a case-by-case basis, and prevailed for the ‘good’ of the public (Tyson, 2001, n.p.). As healthcare has progressed, especially with the changes in technology and its growth patient privacy, confidentiality and personal information has been difficult to safeguard. The Health Insurance Portability and Accountability Act (HIPAA), on the other hand, takes-on a regulation style approach, incorporating public policy and regulations (Kaplan, 2014, p. 36). As an organization, Kaiser Permanente and other institutions must make changes to avoid this type of event from occurring.
Pharmacy malpractice lawsuit, the components id the case must contain the pharmacist had a duty of care, the pharmacist breached the duty of care, the breach proximately caused harm to the patient and damages are the results (Milenkovich). Pharmacists have professional degree, licensed by state board and hold s out to the public as having the training required to manage drug therapy for patient. Pharmacists are, therefore, at a greater duty of care, which demands correctness in pharmacy
HIPPA Breaches A Common Legal Issue in Healthcare When it pertains to patient health information discretion is paramount. Protecting patients from threats that could endanger their rights is essential and the primary reason for safeguarding their personal information is to secure the interest of the individuals who are entrusting the organization with their information. There are however breaches to individuals’ private health information. In the healthcare field one common legal issue is HIPPA and data breaches. These breaches and failure to comply with the rules can be detrimental to the healthcare organization and most importantly the patients.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) was created to give the employer a limit to denying health insurance coverage to their employees when medical conditions are present (Flores, 2005, p. 1). The privacy rule, a rule that was developed to create a safe environment where confidential information is kept from sharing to irrelevant individuals, was also added to HIPAA by the U.S. Department of Health and Human Services officially naming it the HIPAA privacy rule. It was produced to protect important health information and how much of the information was required from patient treatments (Wimberley et al., 2005, p. 489). The individuals in the medical field that commit violations where confidential information
It’s maybe perceived through the HIPAA outlined with the intent to illustrate how HIPAA and CFR 42 often conflict. HIPPA protects the client identifiable information and privacy for entities providing service to a client for health and mental care conditions and provision. While the CFR protects the confidentiality of diagnosis, job loss, prognosis, identifiable records, including treatment of any substance client. This collaboration allows the counselor to adhere by the entire laws of them both. I do not agree with the two being in conflict since they both provide privacy to the client and protect of breaching privacy laws for entities or counselors.
Consistent with this contract, there are some necessary steps to comply • Both covered entity and Business associates, have to develop the Breach notification policy and the steps to comply. (Breach means un unauthorized use or disclose of protected health information, which cause risk or harm to the individuals) • The HITECH Act also requires a Business Associate to take action if a Covered Entity fails to comply with the Business Associate Agreement. • If the contract between the covered entities and business associates is revoked, it is mandatory that the business associate return or eradicate all PHI received from covered entity. Sources Sayles, B. N., (2013), Health Information Management Technology: An Applied Approach. Chicago: American Health information management Association.
Healthcare providers and organizations are obligated and bound to protect patient confidentiality by laws and regulations. Patient information may only be disclosed to those directly involved in the patient’s care or those the patient identifies as able to receive the information. The HIPAA Act of 1996 is the federal law mandating healthcare organizations and clinicians to safeguard patient’s medical information. This law corresponds with the Health Information Technology for Economic and Clinical Health Act to include security standards for protecting electronic health information. The healthcare organization is legally responsible for establishing procedures to prevent data
Code Sec. 74.102 (a). In general, if a healthcare provider complies with the Panel’s requirements, then the provider is usually protected by the “informed consent” doctrine. In a way, after an education regarding the risks, the patient “assumes the risks” of undergoing the procedure/treatment, and releases the provider from liability. But how far does this protection extend?
For example, the implementation of the Patient Protection and Affordable Care Act is two that are significant however, not the only two policy issues that have raised national attention. A question of should the federal and state governments have control of healthcare policy or the question of the policies generally supported by both parties? Healthcare reform was mainly put in place to ban the insurers’ from discrimination against pre-existing conditions, limits on age discrimination, and the elimination of lifetime caps. The health care system in the United States consists of a network of physicians, patients, hospitals, insurers, employers, regulators, and stakeholders. With a significant change that can impact one component can reshape the entire system.