Chapter Eight (8): Information Governance and Legal Funct ✓ Solved

Chapter Eight (8): Information Governance and Legal Funct

According to the authors, Smallwood, Kahn, and Murphy, IG is perhaps one of the functional areas that impact legal functions most. Failure to meet them could be literally put an organization out of business or land executives in prison. Privacy, security, records management, information technology (IT), and business management functions are very important. However, the most significant aspect of all of these functions relates to legality and regulatory compliance from a critical perspective. For this discussion, identify the industry you will be writing about in your final paper and discuss the regulatory compliance requirements that the company has to meet and the corresponding security, privacy, and records management functions that would need to be enabled for that organization.

Paper For Above Instructions

Industry Overview: Health Care and Behavioral Health Services

The health care industry, particularly concerning behavioral health services, is significantly impacted by regulatory compliance requirements that govern privacy, security, and records management. Given the expansion of the Affordable Care Act (ACA), health care organizations are required to integrate mental health and substance abuse services into their portfolios. This integration demands strict adherence to regulatory frameworks, including HIPAA (Health Insurance Portability and Accountability Act), 42 CFR Part 2 (which regulates substance use treatment records), and various state-specific laws.

Regulatory Compliance Requirements

Organizations operating in the health care industry face numerous regulations designed to protect patients' rights and ensure the integrity of health care services. The HIPAA Privacy Rule is particularly relevant as it sets standards for the protection of individuals' medical records and other personal health information. Under HIPAA, health care providers must implement physical, administrative, and technical safeguards to ensure the confidentiality, integrity, and availability of electronic protected health information (e-PHI) (U.S. Department of Health and Human Services, 2013).

Moreover, the 42 CFR Part 2 regulation is critical for facilities providing substance abuse treatment, as it offers stricter privacy protections than HIPAA. This regulation prohibits the disclosure of substance use records without patient consent, highlighting the need for robust records management policies within behavioral health facilities (Substance Abuse and Mental Health Services Administration, 2020).

Security Functions

To comply with these regulatory requirements, health care organizations must establish comprehensive security functions. Key elements include:

  • Access Control: Limiting access to sensitive patient information only to authorized personnel is essential. This may involve implementing role-based access controls and authentication measures.

  • Encryption: All electronic communications containing e-PHI should be encrypted to prevent unauthorized access, particularly during data transmission across networks.

  • Incident Response Planning: Organizations should prepare for potential breaches by establishing incident response protocols that include identification, containment, eradication, and recovery measures.

Privacy Functions

Privacy functions are integral to maintaining compliance and patient trust. This involves:

  • Informing Patients: Patients must be informed about how their data will be used and shared, and they should consent to this information handling.

  • Regular Training: Staff must be trained on privacy policies, procedures, and the importance of adhering to legal standards to mitigate risks of data breaches.

Records Management Functions

Effective records management is crucial in the health care sector, especially in behavioral health services, to comply with laws and ensure continuity of care. Critical aspects include:

  • Retention Policies: Organizations should have clear retention policies that comply with both federal and state laws regarding how long to keep patient records.

  • Secure Disposal: When records are no longer needed, they should be disposed of securely, ensuring that any sensitive information is rendered unreadable and unrecoverable.

Conclusion

In conclusion, the regulatory framework governing health care and behavioral health services emphasizes the importance of implementing robust information governance practices. Health care organizations must prioritize regulatory compliance challenges, focusing on security, privacy, and records management to avoid legal repercussions that could threaten their operations. As regulatory environments continue to evolve, ongoing assessments and improvements in these areas are necessary to sustain compliant and effective health care delivery.

References

  • Smallwood, R. F., Kahn, K., & Murphy, K. (2018). Information Governance. John Wiley & Sons.

  • U.S. Department of Health and Human Services. (2013). Summary of the HIPAA Privacy Rule. Retrieved from https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html

  • Substance Abuse and Mental Health Services Administration. (2020). 42 CFR Part 2: Confidentiality of Substance Use Disorder Patient Records. Retrieved from https://www.samhsa.gov/about-us/who-we-are/laws-regulations/42-cfr-part-2

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  • Ogundipe, B., Alam, F., Gazula, L., & Olagbemiro, Y. (2015). Remaking the American health care system: A positive reflection on the Affordable Care Act with emphasis on mental health care. Journal of Health Care for the Poor and Underserved, 26(1), 49-61.

  • Garfield, R. L., Lave, J. R., & Donohue, J. M. (2010). Health reform and the scope of benefits for mental health and substance use disorder services. Psychiatric Services, 61(11), 1126-1130.

  • Albright, B. (2014). The ACA and behavioral health: A look ahead. Behavioral Healthcare, 34(2), 36-40.