...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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...technology advances in order to keep up with the demands of the modern world. One such way, is the availability to access money from automated tellers and point of sale terminals. Congress implemented the Electronic Funds Transfer Act in 1978 to establish the basic rights, liabilities and responsibilities of consumers who use electronic funds services and financial institutions who offer those services. (FDIC, 2006). This law protects an individual consumer’s privacy by ensuring the financial institution protects the digital data it is storing and that it does not disseminate that information to the wrong individual. The financial institution must ensure it receives and authentic information from the consumer and accurately transfer the information into the computer system. The ETA also identifies error resolution and limits liability for any unauthorized transactions (FDIC, 2006). The Health Information Portability and Protection ACT (HIPPA) was signed in 1996 and included provisions for a national standard for electronic health care. (CMS, 2013) This law protects the accuracy and privacy of a patient’s health care data. Technology allows us to shift our medical records from paper to electronic in the form of Electronic Medical...
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...HIPAA Ruling in Tennessee Court Failure to adhere to regulatory compliance can impact a litigation process, which in the case of Stevens vs, Hickman Community Hospital was prominent when the Tennessee Court of Appeals dismissed the case based on failure to comply with Tennessee’s Medical Malpractice Act and the Health Insurance Portability and Accountability Act of 1996. This paper will include an IRAC Brief that will explain the case in detail followed by a brief explanation of governmental principles of regulatory compliance requirements, a brief explanation of methods for managing the legal risks that arise from regulatory compliance issues, and how this case can be applied within a business managerial setting. IRAC Brief Christine Stevens a Tennessee woman filed a malpractice lawsuit against Hickman Community Hospital, the emergency room services and physicians who cared for her husband Mark Stevens, which subsequently resulted in his demise. The case however is being challenged as a result of failing to comply with regulatory requirements set forth in the Tennessee Medical Malpractice Act and the Health Insurance Portability and Accountability Act of 1996. Case In accordance with the Tennessee Medical Malpractice Act, on April 11, 2011, counsel for Mrs. Christine Stevens the spouse of Steven Stevens, formally notified Hickman Community Hospital and Dr. Whitaker of the impending malpractice allegations...
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...information stays confidential, factors and policies have been put into place to help with this. The most common confidential and privacy act is HIPPA, but policies such as nonmaleficence, beneficence, autonomy, justice, and privacy/confidentiality (Silva, M., 2017). The author also shares a personal situation that she has come across in her medical profession, and explains why, she...
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...the Health Insurance Portability and Accountability Act (HIPPA. State Governments apply this act to the protection of children (Child Protective Services (CPS) and adults Department of Social Service (DSS). Team A will discuss how Confidentiality, Privileged Communication and Rights to Privacy are applied at the state and county level. The Division of Youth and Family Services (DYFS) is New Jersey’s child protection and child welfare agency within the Department of Children and Families. As mandated by state law (Title 9 and Title 30), DYFS is required to investigate all reports of child abuse and child neglect (Division of Youth and Family Services, p. 1, 2008). New Jersey was one of the first states in the nation to create a state division on aging. Chapter 72 Law of 1957 established within the State Department of Health, a state unit on aging. In 1973, amendments to the federal Older Americans Act of 1965 authorized states to designate geographic planning and service areas to be administered by Area Agencies on Aging. New Jersey designated each of its 21 county offices on aging as Area Agencies on Aging, making each eligible for federal funding under the Older Americans Act (DEPARTMENT OF HEALTH AND SENIOR SERVICES, p. 1, 2009-2013) . AND SENIOR SERVICConfidentiality Confidentiality involves Child Protective Services’ (CPS) duty of protecting sensitive management according to New Jersey state laws. The rationale for stringent confidentiality rules in CPS...
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...When a health care worker violates laws, such as the HIPAA privacy rule, they may be liable for criminal penalties. Violating HIPAA regulations can result in criminal penalties such as fines of up to $250,000 or imprisonment for up to ten years depending on severity of the wrongful conduct. (U.S. Department of Health & Human Services, 2015) An example of criminal charges that were levied as a result of health care law violations is evident in the case of Dr. Huping Zhou of UCLA School of Medicine, who faced incarceration for unauthorized access of patient medical records. In 2003, Dr. Zhou Huping plead guilty to charges in connection with accessing patient medical records that he did not have authorization to view. Consequently, Dr. Zhou was sentenced to four months of prison time for the HIPPA patient privacy violation. (The Federal Bureau of Investigation, 2010) Another example of a HIPPA breach which resulted in criminal penalties can be ascertained from a news story regarding a nurse in Arkansas who was prosecuted for sharing...
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...What were advances in information technology that resulted in ethical issues with the creation of HIPAA and CIPA What were the advances in information technology that resulted in new ethical issues necessitating the creation of each act? HIPPA, Health Insurance Portability and Accountability, was passed by Congress in 1996. According to Cornerstone On Demand, 2012 “HIPAA regulates the interchange of private patient data to help prevent unlawful disclosure or release of their medical information.” Consequently Congress recognized that advancement in technology could subsequently release health information that should remain confidential to the patients. In turn, Congress assimilated two additional laws to strengthen HIPAA; HITECH and ACA. With advancement in technology, HIPAA forced physicians to consider more cautiously how confidential information may be transmitted to others. Basically HIPAA enforced a patients privacy right as well established a sense of security for patient data. Children’s Internet Protection Act, CIPA was passed by Congress in 2003. According to Wikipedia, 3/12 “CIPA requires K-12 schools as well as libraries use internet filters and implement other measures to protect children from harmful or obscene content CIPA enforces certain requirements on schools and/or libraries that receive discounts for internet access or internal connections.” Unfortunately with the advancement in technology, children at a younger age understand the use of a computer...
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...i would treat any other patient. I would tell her about the risks and outcome of having a abortion and the use of using birth control phyiscally and mentally. I know as a medical assistant that i would not be allowed to tell her what to do just inform her of the birth control and the advantages and disadvantages. As for the abortion topic i could give her information to read about it so she can think about all the pros and cons then decide based on that. You can not tell her what to do but just give her knowledge of using birth control and consequences if you don't protect yourself. Also you can tell her to learn more about abortion before making such a big decision. I would have to watch what i say to her friend because of the hippa laws and risk a lawsuit. What role does Roe v. Wade play in your assessment of the legal and ethical factors of this situation? Roe v. Wade did not legalize abortion. Before Roe, abortion on demand was already legal in several states, while it was available under restricted circumstances in many others, and all states recognized an exception to save the life of the mother. Roe v. Wade gives every female the right to her body. The most controversial of the civil rights cases is undoubtedly which has been applied in a way that effectively establishes an unwritten constitutional right to have an abortion. Basically it is saying Cindy has the right to choose and make her own decision with the situation...
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...Sunshine State Medical Billing Service Legal Issues in Business BUSI 561-D05 LUO 12/16/2011 This paper explores the legal challenges faced when forming and operating the Sunshine State Medical Billing Service. The legal issues surrounding the business will be analyzed using a business law perspective, as well as a Christian worldview. This legal business plan was prepared by Karri-Marie Baskin, Suzanne Ludikhuize, Renada Manning, Susan Schaeffer, and Dixie Wallace. Executive Summary Sunshine State Medical Billing Service’s physical location is in Tampa, Florida. Because the billing company utilizes the internet, it is able to provide services to many doctor’s offices across the United States. Sunshine State Medical Billing Service selected the Tampa site for several reasons: Low corporate and unemployment taxes, no individual income tax, large hiring base and new business incentive programs. http://www.tampaedc.com/site-selection/business-incentive.aspx; http://money.usnew.com/money/business-economy/small-business/articles/2009/01/06 Sunshine State Medical Billing Service offers the best streamlined billing service via the latest technology in the nation. Our clients are licensed doctors, who choose to use an outside billing company to act as their agent to bill and collect fees due them for services rendered. While there is a growing trend of medical billing services being offered as a home business, our clients can be assured that all of our employees are...
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... |FMLA abuse, termination, charges of |What defines “serious health |What are the most up-to-date changes |May an employee get disciplinary | |How to Prevent FMLA Abuse |retaliation |condition” |regarding FMLA? |action taken against them while on | | | | | |leave? | |Records Retention & Destruction for |Grey area documents, destruction of |How can HR reduce HIPPA documents? |What is the length of time types of |Is there technology software that can | |Human Resources |needed records by law, paperless | |documents must be kept? |safeguard against destruction of | |Don't risk a costly lawsuit! Know |records and technology, privacy | | |records that needed? | |which records you must keep ... and | | |...
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...Functions of Law Paper LAW/421 July 31, 2014 Role and Functions of Law Business Law is defined as a set of laws and regulations on how to form, start, and operate a business. It also forms the rules that all businesses should follow. All laws that are governed within business work together and seek to guarantee fairness and justice between all transactions. Corporations rely on the functions of law to protect their business dealings while managing business connections. Legal counsel, arbitrary agreements, order, safety, establishing good rapport with consumers, vendors, etc. are a few functions of business law. In a business there are external legal counsels who are available to provide their services to businesses. Some companies go above that and hire internal legal counsel for business purposes as well. Arbitrary agreements “allow the company to meet with other parties and discuss a dispute with an arbiter, attempting to get a legally binding agreement. Arbitration agreements are usually seen as final opinions on the legal issues involving the parties in the arbitration process. Companies often use arbitration when dealing with legal matters involving employees because it cuts the costs of doing business and shortens the amount of time spent on legal matters (Vitez, 1999-2014). A major function of business law is to avoid potential legal obligations that can be harmful to the company. According to Vitez (1999-2014), “Business law also helps companies...
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...Running Head: ADMINISTRATIVE ETHICS PAPER Administrative Ethics Paper Rosa Greer Axia College of University of Phoenix Administrative Ethics Paper Administrative ethical issues occur in health care today such as patient privacy, confidentiality or HIPAA. It is best to resolve this type of issue because patient privacy in health care is very important. These policies are designed to protect the rights of patients by making sure personal information of the patient is not disclosed in any way. Protecting a patient’s privacy by way of disclosing personal information and is not to be released without personal formal consent. Also, of employees discussing patient information on the job to people with no knowledge of the patient or even off the job. Many health care organizations enforce privacy policies such as HIPAA and confidentiality although all employees do not abide by such policies. It is being found that more frequently that people from these health care organizations are breaking these policies and their must be changes to provide patients with protection. Administrative ethical issues of the HIPAA Policy within health care organizations must make necessary changes to appropriately protect the rights of patients. The issue at hand is that of health care organizations properly protecting the rights of their patients. The article that will be discussed in this paper is that of OCR issues proposed Modifications to HIPAA Privacy and Security settings (Frank Irving...
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...from prostate cancer patients when conducting research at the Washington University. When leaving the current position, Dr. Catalona attempted to take the tissues with him and the university filed suit against him. Although the consent form were signed by patients to give permission to collect and use the samples on the understanding that the physician owned these tissues, the form did not clearly address the transfer of samples. In this case, the court ruled in favor of the University as the true and rightful owner of the biological materials and can transfer these samples to other researchers. All these case studies have different scenarios and outcomes where the court determines who the tissues belongs to, and one can conclude that the law has not developed clear legal rights and ownerships of human...
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...Functions of Law Role and Functions of Law There are several different functions of laws; however laws were designed you have just one role. Laws were designed and set into place to govern a set a rules that each individual is expected to follow, whether pertaining to society or to a business. Laws are set and new ones are always being approved, so that there can not only be a consensus on what is right and wrong, but also so there can be a decision on when to punish someone and how to determine whether they have broken the . Law has an extraordinary role in a successful operation of how a business may run and how a society comes together as one. Laws help control social behavior which helps lead to a society that is ran in an efficient type of way. Laws were put in place to set rules of conduct, different ways to enforce those rules, a mean for settling misunderstandings or disputes, and to supply ethical expectations and standards. Some other important functions of laws are: they outline what the government can do and what it cannot do; brings out justice in society; facilitates orderly change; peacekeeping; and they promote economic growth. Something very important to know is that without laws, the way a business is ran or the way people may act, society would not be able to function effectively, with this being said commerce would likely collapse. Although many of the function of laws seem to be rather simple, The United States Legal System is very complicated. Laws have been...
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...Privacy HRM/546 Human Resource Law Latisha Clark February 9, 2016 Mr. Phillip Quintana In the Midwest part of the state a name Computers by Design (CBD) a small computer system business. The owners of the business have noticed a continuous rise in health care insurance. After doing research, the owners have decided to hire employees that are less likely to make claims, healthy, fit and non-addicted (UPOX, 2016). Abigail along with the other owners have created a two- step program for employees that will include pre-employment screening and a program to assist them a worker to stop smoking and non-prescription drugs (UPOX, 2016). This paper will discuss the legal issues involved with pre-employment screenings. It will also cover the topics of unions, collective bargaining, and Employee Retirement Income Security Act. According to Bennett-Alexander & Hartman, the 14th Amendment states that employees are protected legally from unreasonable searches and seizures (Bennett-Alexander & Hartman, 2007). The owners of CBD need to check the state laws to understand the privacy laws that protect employees and clarify pre-employment screenings before completing a business plan. Computer by Design need to review the Americans with Disabilities Act concerning health information specifics decisions are governed but are restricted by Health Insurance Portability and Accountability Act (HIPAA, 2009). Employers cannot use the under the HIPPA law use protected health information...
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