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Health Care Law Privacy and Confidentiality Research Paper

… Health Care Law, Privacy and Confidentiality

Imagine studying the Health Information Portability Accountability Act (HIPAA) from the perspective of a consumer. How are various agencies accountable to this law? What are the rights of the individual? Are businesses obligated to it? One will discuss the various avenues in which health care privacy needs addressed through the benefits and setbacks of it.

A variety of businesses are required to obey HIPAA. These include "health plans, most healthcare providers and healthcare clearinghouses" (U.S. Department of Health and Human Services, 2011). The insurance plans are those that are set forth by places, such as Coventry or Blue Cross and Blue Shield (U.S. Department of Health and Human Services, 2011). Some of them are covered by the government, which…. [read more]


Healthcare Management: Compliance and Regulation Essay

… This will prevent fatigue and any illnesses that may arise in the employees.

There are different types of work shift with variations in the number of shifts, shift duration, rest periods between days off and shifts and shift rotation. While allocating a shift, it is important to carry out a risk assessment and embrace control measures. This will minimize exposure to dangers arising from the occupation. Complying with regulatory and legal issues often protects employees from legal action, which may result into their prosecution or sacking.

Concisely, legal and regulatory compliance issues pose a major threat to the reputation and financial status of the organization. As such, companies ensure that regulatory compliance is followed to the letter. This can be achieved through frequent evaluation and…. [read more]


Healthcare Legal Issues: Care Research Paper

… Under such circumstances, doctors generally have patients sign waivers giving up their rights to full disclosures. If the patient had prior knowledge of the risks (having undergone the surgery or procedure previously), or if the risks are common knowledge (such as pain following suturing a wound), there is generally no duty to repeat or expressly inform of these risks.

Measuring the Duty to Inform

The professional standard (for judging the scope of a doctor's duty to disclose) is alternately referred to as the community standard, the professional community standard, or the reasonable physician standard (Davis, 2002). It generally asks what would a reasonably prudent physician with the same background, training, experience, and practicing in the same community, have disclosed to a patient in the same…. [read more]


Healthcare Management Information Systems Telemedicine Research Paper

… Healthcare Management Information Systems

Telemedicine

Telemedicine can be traced far back in the 1960 when the National Aeronautics and Space Administration (NASA) provided health care to it astronauts Bashshur & Armstrong, 1976.

The medical service was provided to the astronauts from a medical van that was linked to medical specialists equipped with a two way microwave telemedicine and audio transmission. The service was meant to telemeter astronaut's physiological response while on their space mission in their space suits

In 1967 a medical station was established in Massachusetts general hospital to cater for airport employees and deliver emergency medical attention and care to commuters. The diagnosis and evaluation of treatments was undertaken by selected nurses overseen by physicians Williams, May C.R., & Esmail a., 2002()

Further…. [read more]


Health Care Accounting Essay

… They must also maintain an ethical standard that is professionally and socially acceptable.

A second component is objectivity, which requires professionals to be objective while avoiding conflicts of interest. In other words, where accountants have a vested interest in a certain company, they should not perform financial services for such a company. Dishonest practices should be avoided at all costs, even in cases where conflict of interest is unavoidable.

The third principle, confidentiality, refers to the privacy of information such as contact information for employees and business associates. Accounting ethics require that this information be kept confidential, unless a court of law orders its release. Professionals should avoid disclosing such information for an unethical or illegal advantage.

The article by Hsiao et al. (2011) focuses…. [read more]


Managing Healthcare Essay

… The more information the healthcare manager can provide, the more his or her employees can truly help patients who need them.

Having an open door type of policy is also very important for healthcare managers, because employees can and will have questions. If the manager is completely inaccessible and the workers are left to "fend for themselves" with one another, patients, and the families of patients, that can lead to a work environment that is very difficult to handle. Communication will suffer in that type of environment, and so will patient care and employee morale. Fortunately, I can see that all of these issues can be avoided by making sure communication policies are clear and direct, and by making sure each person on the healthcare…. [read more]


Health Care Information Management and Internet Term Paper

… Health Care Information and the Internet

Due to the Internet, the health care information that is being passed along to consumers is changing greatly. This can be good or bad, depending on who is being asked the question and how the healthcare information is managed. In the course of this paper, health care information and the Internet will be examined so that readers can get a more complete picture of what is going on in this field today.

It is important to discuss this issue because Internet sites that offer health information are growing so rapidly today and many consumers are not aware of which sites are relatively safe and which may be dangerous. There many governmental regulations that address the idea of fraud, but…. [read more]


IRS Off Your Health Care Essay

… As a result, the refundable share of an individual's claim will be cut all the way back by 10%. The confiscation reduction rate will be affected up until the end of the economic year (Sept. 30, 2013) or superseding Congressional action, at which time the requisitioning amount can possibly be changed.

Supportive Players of the Proposal

One of the supporters of this proposal is Republican Tom Price. Tom is the sponsor of this proposal. Price represents Georgia's 6th District. Republican Price argues that because the IRS just committed an appalling violation of the American people's trust, the Obama Administration should not allow it health care law to be invested or power by the IRS. Price strongly feels that Americans should not have to answer to…. [read more]


Ethics in a Long-Term Healthcare Essay

… Thus rationing for a society, that is aging plays a vital role. It is still a moot point if we must ration life-extending medical resources on the basis of age, and the costs that arc incurred may not be desirable. But such issues have not reached any conclusion so far.

• End-of-life treatment

Here also the issues are complicated. What resources must be spent on terminally ill patients, and must life be prolonged at any cost? Will it be better to let the terminal patient die? Euthanasia is still a debated subject with no end in sight. There are many other forms of ills that may creep into the system like abuse, and other forms of neglect.

Management and organizational ethical issues

The ethical issues…. [read more]


Fraud and Abuse Case Healthcare Essay

… In the case of fraud and abuse cases risk areas identified include; improper coding and billing, avoidance of improper inducements, encoding, unbundling.

When carrying out a baseline audit, risks areas are factored in especially when performing an internal review. The review can be self-audit meaning it can be performed by a facility billing and healthcare staff. This should be carried out periodically to bring into attention the follow-up of compliance programs. In case of problems portrayed by baseline audit or overpayment repayment is done and frequent monitoring is enhanced.

Written policies and procedures

This policies and procedures guide the staff and enable them to tackle with crisis. These standards include the risk areas identified. The responsibilities and expectations of employees are included in the code…. [read more]


Confidentiality of Health Care Term Paper

… Confidentiality in Healthcare

One of the most important elements of medical care is the ethical non-disclosure agreement between doctor and patient. This agreement is in place to ensure that patients will have the freedom to be absolutely honest with their physicians. Frequently the lives of patients depend upon the insurance of confidentiality, which ensures that patients will release all the information necessary to be treated in a targeted and effective way. The American Medical Association has provided very clear guidelines for doctor-patient confidentiality and its maintenance, particularly as relevant to computer databases. General guidelines for the relationship between physicians and their patients, along with the maintenance of their confidentiality levels are addressed by the E-5.059, E-7.02 and E-10.01 forms on the AMA online database.

The…. [read more]


Healthcare - The Truth About Fraud Term Paper

… Healthcare - the Truth About Fraud

In a quest to deeply understand the various management theories in healthcare today, this report uses an approach of first trying to understand some of the healthcare industry's concerns which in turn affect their options when applying their management theories. The article chosen was authored by Chris Farnsworth and is entitled 'The Truth About Fraud' which was in the May 1, 1997, Washington Monthly. The media today consistently puts out a message that the healthcare industry is currently trying to tackle concerns around the likes of fraud, abuse and waste. No management team in any industry will ever be able to produce an outstanding product or service if that team' management theories must first contend with these types of…. [read more]


Health Care Situation: Medical Error Essay

… Autonomous patients will argue that they the rightful owners of the intimate information contained in the EHRs. Conversely, individual health care providers and hospitals might argue for ownership of this information. hese obvious conflicts between economic and personal value, professional and patient autonomy, and business interest must be rectified before introducing EHRs (Mercuri, John J. (15 January 2010), p. 1. The integrated data storage of an HER system also creates several potential harms as described by Mandl, Szolovits, and Kohane (3 February 2001, p. 1): Potential risks for confidentiality and privacy of patient data. Such concerns seem justified when one considers that, under current laws and practices, identifiable medical data are routinely shared with insurance companies, government, researchers, employers, state bureaus of vital statistics, pharmacy…. [read more]


Security of Health Care Records Essay

… Security of Health Care Records

The objective of this study is to review the learning resources dealing with the security of digital health care information and to reflect on the organization and think about how health information is stored electronically and protected. This work will consider the responsibility of the nurse to ensure the protection of patient information and identify the strategies that can be used and will further reflect on ethical issues that are likely to arise with the increased access to newer, smaller and more powerful technology tools. This work finally, will consider strategies that can be implemented to ensure that the use of HIT contributes to an overall culture of safety.

Digital Health Record - Risks

The work of Kopala and Mitchell…. [read more]


Health Care Ethics Confidentiality in Healthcare Essay

… Patient Privacy

The Ethical Dilemma of Patient Privacy Rights

The idea of physician-patient privilege has historically been associated with the mental health profession. It is here that consultation is said to be legally protected by a condition which demands confidentiality. Information passed to the counselor both verbally and medically are to be used only for the purposes of treatment and held in confidence by the physician. This is also a concept which has come to apply with increasing importance to the area general healthcare. Patient privacy is today considered a core right of patients in hospital, clinic or private care settings. But it was really only as recent as the last decade that this was given an overarching legal standard in the form a federal…. [read more]


Health Care Information System Thesis

… ¶ … Corporate Health Care it System

Corporate health care information technology (it) systems are often complex in design, but must be simplified in function in order that individuals whose expertise and backgrounds that are patient focused can access and use those systems with knowledge and skills acquired through training and system orientation sessions. They will are kept up-to-date on system changes with continuing education sessions and system user manual updates. The system has to support the numerous elements of the overall hospital or clinic functions in admitting, discharge, accounting, billing, patient accounting, medical records, order charting, and the various hospital ancillary services. While each of these areas is separate in function, the overall system must be seamless in outcome of data input into the…. [read more]


Where Is Healthcare Going in America? Research Proposal

… ¶ … Health Care in America: The Pendulum Swings

When managed care appeared to have the American health care system in a strangle-hold, health care executives began giving speeches that described how the managed care entities were trying to stabilize an industry that had seen run away costs, and was alleged to have committed patient and insurance fraud and abuse by unnecessary surgical procedures and fraudulent billing practices (Sparrow, Malcolm, 200). The executives described the grip that insurance company's managed care programs were putting around the neck of health care as a pendulum that was swinging in an exaggerated direction away from the center of health care delivery quality of care and physician-based decision making on behalf of patients (Nickelson, Daniel J., and Saksena, Sanjeev,…. [read more]


Gbmc Healthcare Hospital Case Study

… In addition, GBMC has taken the latest steps and arms of law and technology to provide protections required to maintain appropriate privacy and confidentiality of health information.

4 -- The policy has been though successful in the short-term will require continuous revision for making it successful in the long-term. The reasons for it are because today the health record is not just a paper file. It includes documentation, data, records, and "information" that might reside, for a single individual, in a number of entities and locations. It might be in the individual's own possession and be in paper or "electronic" media or a combination of both. The task of ensuring privacy and confidentiality of an individual's health information, therefore, becomes all the more challenging as…. [read more]


Security in Healthcare Essay

… Also, while wireless systems (WiFi) are a wonderful technological tool, Glaser reminds readers that these systems provide yet another way for hackers to invade private medical files. Yet another concern Glaser mentions (41) is the fact that physicians are now communicating with other physicians through Internet-based systems and while "improved care" may result from these devices, they may also become "a means for inadvertent and inappropriate release of patient identifiable health information."

Virginia Sharpe writes in The Hastings Center Report that among the virtues of electronic records is the ready access to personal healthcare by doctors and other medical professionals during emergencies such as Hurricane Katrina. For example, the Veterans Health Administration (where she is an employee, or was at the time of her article)…. [read more]


Portability vs. Privacy Electronic Medical Essay

… The security of medical records

Various groups opposing electronic medical records have expressed worries over EMR security and privacy because of the threat of phishing. Their arguments are based on the issue that increased online data availability makes electronic medical records more prone to phishing attacks. However, in light of this matter, industry practitioners have erected several measures to curb this (Thede, 2010). The most effective measure is data encryption. This technology safeguards electronic patients medical data while being transferred thus ensuring only the intended recipients view the records. In addition, health providers and hospitals have created firewalls across their computer networks. Firewalls refer to a strong line of defense placed in front of the medical records security. They are helpful in blocking unwarranted access…. [read more]


Health Information Exchange Boon Term Paper

… At the same time, they support the multiple benefits of HIE to payers, providers, patients, and the general public. The first strategy is to adopt an improved business model and eliminate those focusing on incremental cost savings to providers. The second strategy is not to separate the public health benefits from healthcare benefits. Instead, private medicine transaction-based IT benefits and public good-based IT health benefits should be melded to support legislation, regulation, funding, and promotion. The third is to carefully monitor and assess implications that new technology and private solutions may have for quality care and public health security. And the fourth strategy is to encourage States to become the fundamental geographical unit for HIE initiatives and activities. This places the State's authority behind the…. [read more]


Security Privacy in Health Care Essay

… This is when they are becoming more involved in: understanding these challenges and are working with everyone to deal with them. In many ways, one could argue that a sense of complacency from staff members is what has allowed the underlying situation to become worse. To address these problems requires: increased vigilance and cooperation (which will establish an effective system of checks and balances to prevent these kinds of abuses). (Alguire, 2009, pp. 337- 343)

Code of Conduct

To deal with these issues, a code of conduct will be created that highlights the expected employee behavior when it comes to patient safety. This will help to prevent any kind of misunderstandings and ensure that everyone knows the policy at the facility. As a result, there…. [read more]


Management Project in the Health Case Study

… Also monitored by BioSense are over-the-counter drug sales and lab test results for environmental samples collected through the BioWatch effort. BioSense aims to "monitor 11 syndrome categories including fever, respiratory, gastrointestinal illness, hemorrhagic illness, localized cuteanous lesion, symphadenitis, neurologic, rash, severe illness and death, specific infection and botulism-like/botulism." (Chen, Zen, Ping, and Ping, 2010, p.10)

(2) ESSENCE

ESSENCE is reported to have been used in monitoring the health status of military healthcare beneficiaries worldwide, relying on outpatient ICD-9 diagnostic codes for outbreak detection." (Chen, Zen, Ping and Ping, 2010, p. 10) The Rapid Syndrome Validation Project (RSVP) is reported as an "Internet-based population health surveillance tool designed to facilitate rapid communications between epidemiologist and healthcare providers." (Chen, Zen, Ping, and Ping, 2010, p.10) Patients with…. [read more]


Healthcare Term Paper

… Healthcare professionals know that they must exercise caution when human lives are equated with healthcare funds. Unfortunately, in many cases, the poor and elderly may be coerced into rejecting therapies to save money on the grounds of futility and poor quality of life. Still, poor quality of life is a point-of-view. Many chronically ill patients live full lives with satisfying relationships and accomplishments that may seem to be of poor quality to some, but the survivor is alive and enjoys a full life to the best of his ability. Healthcare professionals that place the importance of "doing good" above all else understand and respect the principles of justice.

Veracity

When attempting to "do good" in the medical arena, healthcare professionals should take into account the…. [read more]


High Insurance Portability Health Term Paper

… While the HIPAA rule states that the patient's health information must not be used and disclosed without consent, it does not enable individuals to prohibit transmission of their PHI for such purposes. In addition, some have noted that the Privacy Rule allows parties who obtain authorizations for release of information from patients to obtain limitless amounts of data rather than restricting the contents of disclosures to information that is actually needed by such parties because it is business-related. Thus if an employer requires applicants to sign authorizations for release of all their medical records, the employer can gain access to intimate details about candidates that will have no impact on job performance (Buckovich, 2000)

Impact of HIPPA on Healthcare

The proposed regulations recognize that not…. [read more]


Legal or Ethical Health Issues of HIPAA Term Paper

… ¶ … Privacy Rule

HIPAA Ethical Health Issue

H IPAA

A number of federal initiatives were attempted to protect the privacy of confidential personal information in the past many decades (HIPAA Specialists, 2005). The House of Representatives formed a Special Subcommittee on Invasion of Privacy in 1965. The former Department of Health, Education and Welfare published "The Code of Fair Information Practice Principles" in 1973 to set up a base for information privacy in the U.S. The principles became the basis for the ensuing federal Privacy Act of 1974. These principles would regulate government use of personal information by limiting disclosure; allow users access information about themselves; require federal agencies to specify the purpose for collecting personal information; and impose civil and criminal penalties for…. [read more]


Third Party Patient the Doctrine Case Study

… Professional duty to care, including informed consent, is the axis from which all deviations from accepted standards of practice in the medical community are judged.

Informed consent for treatment may only be permissible where all parties involved in the agreement have the mens rea, or mental capacity to participate in a bi-lateral agreement through mutual assent. A contract law matter from the outset, the case of June and the declined feeding tube is risky due to potential violation of patient consent. Violation of doctor-patient agreements and subsequent intervention where a patient has attempted to rescind contractual consent is the major complaint to medical malpractice suits. Strict adherence to the informed consent law will mitigate physician obligation to such complaint, and especially where it has been…. [read more]


Breach Notification the Confidentiality White Paper

… HIPAA Rule

In HIPAA rule, is therefore enacted by the government to regulate how health professionals handle information regarding the privacy of patients. The rule brought in away that victims can report any abuse, neglect or domestic violence to the relevant authority and that kind of information still remains trusted with them. It however creates a protocol in which patients can report any abuse of privacy by the healthcare professionals.

Furthermore, since September 23, 2009 when the Breach Notification became effective, it is difficult to access data of any patients or any individual without his/her consent. Even the authority is required to seek authorized acquisition, access, use or disclosure of such information from the court of law. This to emphasize that breach" being the acquisition,…. [read more]


False Claims Act Term Paper

… The provisions of the Privacy Rule apply to all forms of health information including, but not limited to, electronic, written, or oral information.

HIPAA privacy law

The Health Privacy Act of 1974 was enacted to prohibit the disclosure of a patient's medical records without the express written consent of the individual to whom the records pertain. Under the terms of the act there are twelve disclosure exceptions all of which are set forth in the context of the statute.

Most patients can be ensured that all their health information is protected as the covered entities under the federal statute include all health insurance companies, HMOs, and government programs including Medicare and Medicaid. The Rule also applies to all health care providers and health care clearinghouses…. [read more]


Ethical and Legal Perspectives in Health Care Essay

… Ethical and Legal Perspectives in Health Care

Reaction

Data processing is part of the procurement of healthcare. Patients have data that they share with medical staff, and the healthcare professionals share information with patients, as well. A myriad of healthcare institutions share and generate data on the patients and medical employees with the end goal to administer the provision of healthcare (McWay & McWay, 2010).

Data should stream for the whole framework to function. The organization and its individuals must provide data. Compulsion to share data comes to be morally testing, and this is the reason the relationship between the patient and the doctor has long been controlled on the foundation of trust. The innovative principle of privacy is benchmarked explicitly on protection. Healthcare professionals…. [read more]

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