...this paper is to relate to ways that the Health Insurance Portability and Accountability Act (HIPAA) violations may affect the medical billing process. While researching, the findings conclude that confidentiality of health information was adopted centuries ago. The findings of the research show that although, HIPAA laws have been put into place to protect the privacy and confidential heath information of patients; HIPAA laws are sometimes violated. The medical billing coders are sometimes careless when handling confidential information; however medical health records should be protected adequately. The coder that violates the HIPAA laws concerning the confidentiality and privacy of patient health information can suffer serious ramifications. The ramifications of these violations could result in serious penalties such as disciplinary actions by the employer, monetary fines, and jail time, or both. HIPAA violations ranks number one among the complaints received by the Office of Civil Rights each year. Humans take pleasure in the right to privacy in every aspect of life. The right of protecting the confidentiality and privacy of identifiable personal health information takes first priority and is greatly cherished among most. The Hippocratic Oath, dating back centuries required physicians to keep medical information concerning their patients a secret. However, in today’s society medical health information is maintained by more than the physician and patient. Personal health information...
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...HIV and AIDS information is more sensitive than other types of health conditions because HIV is often transmitted through sexual activity or IV drug use, sharing of a needle. A diagnosis like HIV or AIDS implies some socially taboo behavior for some individuals. Also, AIDS was initially thought to be a disease unique to gay males and that stigma has stuck throughout the years. We now know that women and children of all ages, sexual orientations and races can also be the victims of HIV and AIDS. HIPAA demands privacy regarding a patient's personal information. That includes diagnose as well as information regarding sexuality and history of drug use. This applies to all diagnoses, but because of the social stigmas mentioned earlier, people are even more sensitive when it comes to HIV/AIDS disclosures. Inappropriately disclosing information can create family and social stress, employment issues and even housing issues. Discussing, diagnosing, and treating HIV/AIDS is a sensitive, private issue between a patient and his or her provider. This privacy is especially important, because any breach of privacy may result in stigmatization or discrimination against HIV/AIDS patients. Patients who are concerned that their health information will not be held private or secure may be discouraged from being tested for HIV and may be dissuaded from pursuing or adhering to recommended treatment regimens. The need for privacy and security must be carefully balanced with the appropriate sharing...
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...in the health care industry is patient privacy. Many different and potentially serious issues can arise from violating a patient’s privacy. Not too many years ago, there was no specific law that protected patient rights and privacy. In August of 1996, the Health Insurance Portability and Accountability Act (HIPAA), was created by former President Bill Clinton (Physicians Billing Associates International, 2006). The HIPPA Act includes provisions for health insurance portability, fraud and abuse control, fax related provisions, group health plan requirements, revenue offset provisions and administrative simplification requirements (Physicians Billing Associates International, 2006). The act was put in place to help create a standard that will protect patient’s medical records and personal health records nationwide. This act will help healthcare workers keep better control of patient’s information. HIPPA has a privacy rule that concerns health plans; the rule provides healthcare workers information on how to transmit individual’s health, vision, prescription, and any type of medical information safely. This essay will describe how Rite Aid pharmacy informs patients of how their personal information is disclose and protected against violations of their rights. And ensure them that their information continues to stay protected and all HIPPA privacy law is followed. Recently, Rite Aid Pharmacy released an article concerning patient privacy. The notice describes how medical information...
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...many issues that may arise in concern to a patient’s privacy. There were no specific laws years ago that protected a patients privacy and rights. The Health Insurance Portability and Accountability Act (HIPPA) which was signed in August of 1996 which became a law under President Bill Clinton (Physicians Billing Associates International, 2006). The Health Insurance Portability and Accountability Act includes provisions for: health insurance portability, tax- related provisions, fraud and abuse control, revenue and offset provisions, group health plan requirements, and administrative simplification requirements (Physicians Billing Associates International, 2006). The HIPPA act was put into place as a standard law used to protect a patient’s personal health and medical records nationwide. This act was created to help health care workers to keep better control of a patient’s personal information. HIPPA has a privacy rule that concerns an individual’s health plans; the rule helps to provide health care workers information that would be needed to transmit an individual’s vision, health, prescription, and any other type of medical information safely. This essay will discuss how Rite Aid pharmacy informs customers of how his or her personal information is disclosed and how he or she is protected against violations of their rights, ensuring customers that his or her information will continue to remain to stay protected and that the HIPPA privacy laws are continued to be followed. As well...
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...who refused to take care of an HIV patient. Nursing has come a long way since the 1980s, when HIV became known. However, there are still issues that a nurse may face today. One of these issues is when a newly diagnosed HIV patient has a significant other. Should a nurse, knowing the potential devastating consequences of HIV, tell a patient’s sexual partner about their HIV status? This paper will discuss, the legal, moral and ethical ramifications of HIV disclosure. It will weigh the pros and cons of a nurse revealing this information, and it will provide recommendations for nurses who encounter this issue during their practice. It is understandable that a nurse may feel perplexed about this ethical dilemma. Once someone is diagnosed with HIV, they will have the disease for the rest of their lives. Currently there is not a cure. Although treatment options are available, the medications needed to minimize the viral load can be numerous and expensive. In addition, the side effects that can occur from these medications are daunting. Despite the fact that medications are available, there is always the potential that HIV will progress into AIDS. Opportunistic infections caused by HIV maybe so severe that it causes needless...
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...violations affect the medical billing process and why HIV and AIDS information is more sensitive than other types of health conditions. We will also examine the social, legal, and ethical ramifications of improper information disclosure. In 1996 on August 21, the Health Insurance Portability and Accountability Act (HIPAA) was enacted by the Federal Government and signed into law by President Bill Clinton (HIPAA – The Health Insurance Portability and Accountability Act, 2011). According to “Health Insurance Portability and Accountability Act” (2012), “HIPAA does the following; provides the ability to transfer and continue health insurance coverage for millions of American workers and their families when they change or lose their jobs, reduces health care fraud and abuse, mandates industry-wide standards for health care information on electric billing and other processes, and requires the protection and confidential handling of protected health information” (What is HIPAA?). The main reason HIPAA was enacted was to protect patient’s personal health information regardless of its severity. Their personal health information is just that, theirs! For that reason, among many other, it is very important to know that a patient’s personal health information is not to be shared with any unauthorized person for any reason. Kibbe (2001) states “every practice regardless of its size will have to comply with the HIPAA security, privacy, and transactions regulations” (Key Points). HIPAA has rules...
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...Rhonda Hogan HCR/220 Fonzette Mixon April 3, 2011 HIV and AIDS affect millions of people worldwide. Some of these people have HIV, only testing positive, whereas others already are diagnosed with AIDS. Still others who have not yet been diagnosed at all may be suffering inside and have no idea he or she is inflicted with this horrible disease. Confidentiality becomes more sensitive when interacting with HIV or AIDS patients. The Health Insurance Portability and Accountability Act (HIPAA) is the law that was enacted “in response to growing concerns about individual’s health information potentially being used inappropriately, causing barriers to health care coverage, and related job mobility impediments” (Biel-Cunningham, 2003). Acquired immunodeficiency syndrome (AIDS) is exactly what it states, an immunodeficiency (HIV) turned syndrome that is acquired. In other words, AIDS is caused by and acquired from HIV. The virus enters the body, via blood, semen, or an infected mother during birth, whereby attaches onto T-cells while working to grow inside. After replicating and destroying the T-cell, the virus moves onto other healthy T-cells until they have been taken over. Once enough T-cells are destroyed, the person’s immune system no longer functions. When acquiring a serious infection, the body’s lack of fight for the infection is because of an extreme low T-cell count, and a diagnosis of AIDS will be determined. As far back as the Hippocratic Oath, physicians...
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...know what exactly the type of treatment a patient should receive, if any, and the patient is giving these personal details in full confidence that the information doesn’t go any farther than the physician that is caring for him/her. The clinical use of genetic testing and the information from this is becoming a very important part in modern health technology and keeping records of personal information has improved especially in the storing of information which has been usually written in paper form but advanced technology has created an improved format to store personal medical information in, which is called Electronic Health Records (EHR’s). Genetic information stored in the Electronic Health Records could increase the possibility of a patient’s identity being known through a few genetic variants. 2 Electronic Health Records are a longitudinal electronic record of patient health information generated through visits with any health care...
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...The Involvement of HIPAA Privacy and HIV and AIDS Faye Loiseau HCR/220 November 13, 2011 The Involvement of HIPAA Privacy and HIV and AIDS HIV and AIDS are the most serious and deadly disease among today’s society. This disease is worldwide and has not specific targets. The first case of AIDS was discovered in the United States approximate 20 years ago, and has increased to an estimated of 24 million people becoming affected today. AIDS has killed more than 25 million people since 1981 and its not finish. 1.1 million Americans are among 33million people that live with HIV the virus that causes AIDS ("The Body Complete HIV and Aids Resource", 2011). However there seems to be a very large number of individuals living with either HIV or AIDS and are unaware that they are infected. HIPAA existence is to provide privacy to patient’s medical history so individual with such disease can be ensure that his or information will be protected and remains confidential (Mair, 2009). HIPAA duty is to maintain confidentiality for a patient which is considered to be a legal and ethical priority for all health professionals. (webmd ,2011). AIDS is caused by human immunodeficiency virus (HIV) which can spread from person to person because of infectious agent in contaminated blood. The human body’s defense cells called lymphocytes are destroyed by HIV. These cells are contained in the immune system which this body system helps to fight off intruders or infections. When HIV intrude and...
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...integral part of the patients’ lives. Providing medical care was important but many of these patients knew they could talk and confide in me about other things whether it was a personal problem or family problem or maybe they just needed someone to listen. It was here that the values that I was taught by my parents became so important. Sometimes I was faced with some ethic decisions in regards to my religion as a medical assistant when having to assist with vasectomies. The rhythm method is the only birth control practice accepted by the Catholic Church. To assist with this procedure would go against what I was taught. But because this was the patient’s choice and his individual right I did assist with the procedures. This was not my belief at the time but it was my way of providing care to the patient and respecting his human rights. I felt that as a medical assistant I provided the care and understanding of the patients’ needs and situations and now as a nurse I...
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...What is HIPAA's confidentiality laws for HIV and AIDS Melinda Royalty HCR220 Ashley Spencer January 18, 2015 What is HIPAA's confidentiality laws for a patient with HIV or AIDS? Are the regulations and laws different for these patients? These are important questions for the patients that are screened and have come back with a positive diagnosis. It is always important to know what your rights as a patient are. Many people don't know that the regulations and laws are no different for a patient with HIV or AIDS, but for patients with these two conditions their treatment is more complex and is handled differently than most other cases. They have a higher confidentiality rate than say somebody with cancer because of the discrimination that the patient could face if their diagnosis was known by the public. Why do HIV and AIDS patients have a higher confidentiality rate, because these patients are at a higher risk of being discriminated against than most other patients. (HRSA, N/A) For these patients their day to day lives can be turned upside down if their diagnosis is publicly know. Patients with HIV or AIDS can face discrimination against them by the health care field, some housing authorities, and within their place of employment. (HRSA, N/A) When HIV was first discovered there was such a widespread fear of it because nobody knew how it was spread. This lead to many people with this condition to be fired from their place of employment...
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...Law and Ethics in Health Care Laws and ethical principles are essential for protecting the mankind, and they play a crucial role in the practice of health care. Laws and ethics play a vital role in cases such as organ donation, human genetics, and HIV/AIDS and confidentiality. The health care issue I selected for discussion is HIV/AIDS. In the case of HIV/AIDS patients, there is always ethical conflict of protecting the confidentiality of patient and disclosing the information to others about the risks of the disease. Salient Ethical and Legal Concerns Associated with HIV/AIDS As described by Pozgar (2013) one of the legal issues is the association between blood transfusion and HIV. Law suits often arise when a person with AIDA claims that he or she contracted the disease due to the administration of contaminated blood (Pozgar, 2013). Lawsuits commonly arise when there is transfusion of mismatched blood, improper screening, and improper storage procedures (Pozgar, 2013). Since May 1985, all blood donated in the United States are screened for HIV antibodies and even then patient’s may claim that they contracted the disease due to transfusion. Another legal and ethical issue is whether to allow the AIDS infected surgeons to perform surgeries. Pozgar (2013) described that the transmission of the virus from an infected surgeon to a patient is unlikely, but there is still a possibility. There is an ethical dilemma whether to allow these surgeons to perform surgeries...
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...HIV/AIDS Advocacy The scenario of Lena as a community health nurse finding out her sister’s boyfriend is HIV positive is a difficult one. There are many moral, legal, and ethical implications in a situation like this. While it is easy to want to jump to one decision concerning this issue, there are many things to consider before making a decision. Patient’s Rights First and foremost, the patient’s rights and privacy needs to be the first thing reviewed. HIV/AIDS status is considered “superconfidential” in a patient’s medical record, and any unjust disclosure can lead to very severe consequences. Under Florida’s Omnibus AIDS Act, releasing HIV status without the patient’s consent or knowledge is a first degree misdemeanor and can result in disciplinary action from the providers licensing board (Hartog, 2009, p. 38). Before deciding to do anything, review the patients’ rights and the nursing code of ethics. Many ethical terms come into play here. Autonomy ensures that the patient is allowed to make their own decision about their health care. There are some specific legal implications regarding an HIV diagnosis, but that will be discussed later. Under the nurse’s code of ethics, nurses need to respect a patient’s autonomy and right to choose their care (“Ethics”). Reviewing the Diagnosis The first action to be taken would be to schedule an appointment with the boyfriend and inform him of his HIV status, if that has not already been done. Florida specifically offers...
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...health care. “It includes all components of the patient’s medical records and enables any member of a patient’s treatment team to access the patient’s progress notes, treatment plans, medications, and other patient information from a variety of locations” (Richards, 2009). The Institute of Medicine recommended the use of EMR’s since the year 2003. Since then, electronic medical records have been proven to provide effective treatment, reduce medical errors and improved accessibility to patient’s medical records. The implantation of electronic medical records has been an advantage to the current U.S health care industry and its people. By using this system, drug interaction warnings, prescription refill notifications and annual screening reminders are what save our population today. In order for an organization to decide whether to implement this system or not, management must review the risks and benefits that come along with this. The cost of applying EMR’s is considerably high and is categorized as being a risk for a company. Not only for the upgrade in technological machinery, but also in the training of health care professionals. Managers must set aside a budget specifically for the implementation of equipment as well as the hours it takes to educate proper staff on how to make use of it effectively. This is all without an assurance as to whether this new medical technology will be a success with its employees and patient’s. It could either benefit the company by successfully...
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...need to be trained in HIPAA policy and procedures and must strictly adhere to the regulations. The patient gains access to his or her records by written consent. A release of information form is used to protect both the patient and the releasing party. Medical records data is computerized leaving some to fear their privacy is at risk. For this reason some patients do not divulge all of their health conditions. “According to a recent poll, one in six adults (17%) — representing about 38 million persons — say they withhold information from their health providers due to worries about how the medical data might be disclosed” (“Privacy and Health Information Technology,” 2009, p.124). These patients may not receive the best health care because their physicians may be unaware of conditions that affect treatment. There are 13 circumstances for which health information can be used unrelated to health care. According to Health Care Tips ( n.d.), they are as follows, “as required by law, for public health activities, to report abuse, health over site activities, judicial and administrative proceedings, law enforcement purposes, to facilitate cause of death, to aid in tissue/organ donation, research, serious threat to health...
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