Health Policy Decisionsidarmis Miyaresst Thomas Universityhealth Care ✓ Solved
Health Policy Decisions Idarmis Miyares St. Thomas University Health Care Issues Professor Kathleen Price The Health Insurance Portability & Accountability Act (HIPAA) is a national policy and privacy rule that seeks to protect the patient's medical records and health information. The policy sets limits and conditions for disclosures of private patient records without the patient’s authorization. This paper will discuss the HIPAA privacy rule policy and how it impacts nurses and other health practitioners practice. HIPAA policy also gives certain responsibilities to nurses and other health practitioners regarding patient information.
The policy gives patients’ rights over their health records which include being served a copy of the health records (Cohen & Mello, 2018). The patient can also request corrections of their patient records if they feel it no longer reflects their state or condition. As a nurse or any health practitioner, the policy requires one to follow the privacy rule accordingly, as contrary to this can lead to legal suits. Breach of the HIPAA policy can lead to one losing their jobs depending on the information disclosed. The HIPAA policy impacts health practitioners practice by determining situations under which they can disclose patient information without their consent.
Such scenarios include disclosure to the patient's legal representative or decedents. A health practitioner can disclose a patient's health records when required by law (Gostin & Nass, 2015). They can also disclose patient information when it’s in the public interest. Such situations include when a patient's condition is contagious to the general public or puts others’ lives in danger. A medical practitioner can also disclose patient records to another HIPAA covered entity.
The policy also requires that any videos and images that contain any individually identifiable health record of a patient can also not be disclosed or shared without the patient consent by any medical practitioner. The policy also requires nurses and medical practitioners to maintain privacy when recording patient data on electronic devices such as computers. The policy also impacts health care practice by requiring any health practitioner to disclose PHI to the patient within 30 days on request. It also requires nurses and other medical practitioners to cooperate with law regulation bodies such as the judiciary and other investigative bodies in a case where PHI is connected to a crime or endangering other's lives (Cohen & Mello, 2018).
Cases of suspected child abuse, for example, or rape, must be shared with the law regulating bodies without the patient's authorization. In conclusion, the HIPAA policy directly impacts the health practice of nurses and other medical practitioners. The policy outlines the privacy rule that seeks to protect the patient's health records and information from disclosure without the patient's authorization. The policy, however, can be overlooked in cases where other's safety is in danger or when required by law. The policy also outlines protocols to follow when handling a patient's insurance status and records when they are seeking treatment.
The policy outlines the mandate of a medical practitioner on what they can disclose or what they can’t disclose in regards to the patients they serve on a day to day basis. The policy is also applicable to all the medical procedures that nurses and other medical practitioners perform on their patients. EPSILON DELTA PI Epsilon Delta Pi was organized in 1973 by students and faculty members of East Texas State University and West Texas State University. Prior to this time, the existing honor societies did not meet the needs of all data processing and computer science students. Students in every application and level of computer science, including business, scientific, teacher education, engineering, and systems programming in both colleges and universities, are worthy of recognition for outstanding academic scholarship.
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Health Policy Decisions: The Impact of HIPAA on Nursing and Health Practitioners
Introduction
The Health Insurance Portability and Accountability Act (HIPAA), enacted in 1996, is a critical piece of legislation aimed at ensuring the privacy and security of patients' medical records and health information. As healthcare providers, nurses and practitioners are essential in implementing HIPAA regulations, as they directly impact both their day-to-day practice and the overall integrity of the healthcare system (Cohen & Mello, 2018). This paper discusses the major aspects of the HIPAA privacy rule and how it affects nurses and healthcare practitioners, including their roles and responsibilities concerning patient information.
HIPAA Overview
HIPAA comprises several key provisions that change how healthcare providers manage health information. Primarily, it aims to provide patients with rights over their health records, grant them the ability to request corrections, and demands strict protocols regarding who may access this information (Gostin & Nass, 2015). For healthcare workers, the law creates a framework for handling patient information that can lead to significant legal implications if violated.
Patient Rights Under HIPAA
Under HIPAA, patients have the right to obtain a copy of their health records, which is crucial for fostering an open patient-provider relationship (Miller, 2017). Patients can also request amendments to their records if they believe the information is incorrect or misleading. This entails that nurses and other healthcare professionals must diligently review patient charts and documentation to ensure accuracy (McCoy et al., 2020). Beyond safeguarding patient rights, healthcare professionals must remain vigilant about how personal health information (PHI) is recorded, stored, and transmitted (Cohen & Mello, 2018).
Disclosure of Patient Information
HIPAA delineates specific circumstances under which patient information may be disclosed without consent. For instance, if a patient is deemed a danger to themselves or others, or if their condition poses a public health threat, healthcare providers are mandated to disclose that information to the proper authorities (Heins & Fagan, 2021). Nurses play a vital role in recognizing these situations and acting accordingly while adhering to the ethical principles of patient care (Daugherty, 2019).
Responsibilities of Healthcare Practitioners Under HIPAA
Healthcare professionals, especially nurses, have several responsibilities under HIPAA. They must:
1. Educate Patients: Nurses are often the frontline providers who explain patients' rights under HIPAA (McCoy et al., 2020). They must ensure that patients are fully informed about their rights regarding access to their health information.
2. Maintain Confidentiality: Nurses must ensure that PHI is protected during documentation and storage. This includes proper use of technology and avoiding any discussion of a patient's details in public spaces (Harris et al., 2019).
3. Handle Data Correctly: When using electronic health records (EHR), nurses must adopt protocols to protect sensitive patient information. This includes seemingly minor details like password management and ensuring that screens are secure from unauthorized viewing (Miller, 2017).
4. Cooperate with Legal Requirements: Nurses must comply with legal investigations where patient information is involved. This includes scenarios of suspected abuse or certain infectious diseases, where they are compelled to report without the patient's consent (Heins & Fagan, 2021).
5. Train Continuously: Given the rapid evolution of technology, continuous training on updated HIPAA regulations and best practices is essential for healthcare professionals to stay compliant (Cohen & Mello, 2018).
Breach Consequences
The consequences of breaching HIPAA regulations can be devastating for healthcare practitioners. Not only can they face lawsuits and fines, but they may also lose their licenses or suffer employment termination (McCoy et al., 2020). Nurses must therefore maintain an acute awareness of HIPAA standards and implications within their practice.
Practical Examples
Real-world applications of HIPAA compliance are evident in various healthcare settings. For instance, when a nurse discovers that a patient has a communicable disease such as tuberculosis, they are legally obligated to report this to public health officials even without the patient’s consent (Daugherty, 2019). Conversely, routine laboratory test results are strictly confidential and can only be disclosed with patient consent unless required by law.
In a hospital setting, nursing staff must also ensure that waiting areas and nursing stations are devoid of sensitive patient information that may be overheard or viewed by unauthorized individuals (Harris et al., 2019).
Conclusion
The HIPAA policy profoundly impacts nursing and healthcare practitioners by establishing clear guidelines for patient privacy, consent, and information handling. Upholding these standards is paramount for effective healthcare delivery and fostering patient trust. On the one hand, while nurses and health practitioners possess significant responsibilities to safeguard patient health information, they must also navigate complex scenarios that dictate when those boundaries can be crossed. Therefore, continuous training and commitment to ethical practice remain vital in achieving compliance and maintaining the integrity of the health profession.
References
1. Cohen, I. G., & Mello, M. M. (2018). Ethics, Privacy, and Data Sharing in Health Care. The New England Journal of Medicine, 378(21), 1974-1975.
2. Daugherty, G. (2019). Understanding the impact of HIPAA on nursing practice. Journal of Nursing Regulation, 10(1), 25-30.
3. Gostin, L. O., & Nass, S. (2015). The Hippocratic Oath and the Future of Medicine: A Perspective. Focus on Health Policy, 20(4), 1726-1747.
4. Harris, K., Hemmings, C., & Morris, J. (2019). Confidentiality: The practical implications for nursing. Nursing Standard, 34(3), 57-62.
5. Heins, M. & Fagan, K. (2021). Patient Safety and Ethics - The Role of Nurses. Nursing Management, 52(1), 25-29.
6. McCoy, L., Theeke, L. A., & Miller, M. (2020). Navigating HIPAA Compliance: Providing Care in An Interconnected World. Journal of Nursing Education and Practice, 10(6), 18-24.
7. Miller, A. (2017). A Nurse’s Guide to Medical Record Documentation and HIPAA: A Practical Approach. American Nurse Today, 12(10), 52-55.
8. Pritchard, J. (2020). Assessing HIPAA’s impact on nursing practice. American Journal of Nursing, 120(4), 50-55.
9. Timmons, S. (2017). Legal Considerations for practicing nurses: An Overview of HIPAA. Nurses & Midwives Journal, 18(2), 33-36.
10. Willison, D. J., & McKenzie, J. (2016). Ethics of patient information in healthcare. Healthcare Ethics Committee Forum, 28(1), 19-23.
This essay has explored how HIPAA affects the role of nurses and other healthcare practitioners, ensuring they understand patient rights, their responsibilities, and the implications of breaching the act. Through compliance, health professionals can protect patient information and foster trust within the healthcare system.