Health Administration: Ethical and Legal Perspectives Essay

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Introduction

The Health Insurance Portability and Accountability Act (HIPAA) was enacted in 1996 in an effort to ensure confidentiality of health data as well as set up national principles or standards for electronic health information dealings. The HIPAA’s primary role was established in order to give people the authority to share their personal medical information, and again gain more accessibility of information about their health status healthcare (Mullner, 2009).

The Health Insurance Portability and Accountability Act (HIPAA) Roles

HIPAA provides the Privacy Rule, which states that healthcare providers should restrict access to personal health information to only those people permitted to view it. It becomes problematic, therefore, for family members and caregivers to access any information regarding another’s personal health due to the stringent rules that are to be observed. However, if permission is granted by the patient normally through writing, such an individual can be allowed to check his/her health information (Peterul, 1999).

Moreover, HIPAA provides legal entitlement to view and enquire anything about one’s own medical information. HIPAA entitles one to receive a copy of their health record, make corrections in the official file, be given the warrant to choose whom to share information with, gain access to how his/her personal health information is being used and who it is shared with. One can also be allowed to file a case against a healthcare provider if he/she feels that his/her personal rights have been violated.

The HIPAA authorizes various people who can access the medical records and these include: “doctors, dentists, hospitals, clinics, and nursing homes, medical equipment and Drug providers, third-party medical billing companies and clearinghouses, health insurers, group healthcare plans, HMOs, Medicare, Medicaid, and other government-supported healthcare programs” (Mullner, 2009).

In addition, law enforcement officials may receive “protected health information in other situations such as an instance of abuse, death, gunshot, or stabbing to investigate identity through DNA testing” (Harris, 2010). Again, if there happen to be court cases or grievances about a patient’s medical condition, the relevant part of one medical record may be communicated to the court to investigate the possibility of a crime. Medical records could also be used for exploration about a lodged complaint e.g. against a health provider who has violated a patient’s rights (Harris, 2010).

There are other instances where the medical records can be disclosed even without an individual’s consent. For example, when ‘health care operations are taking place in medical institutions like hospitals, or individual physicians. Secondly, although third parties are not allowed to access the health information of a person, there are situations that can necessitate such information to be used for medical research thus being relayed to relevant medical research authorities.

Usually, the patient’s real names are not disclosed for privacy purposes. Thirdly, information collected from informal tests like blood pressure or cholesterol levels can be relayed to pharmacies, health fairs, or in the data banks businesses. Additionally, health information can be got from knowledge providers such as the internet concerning specific health conditions and diseases (Harris, 2010).

The HIPAA Privacy Rule covers healthcare clearinghouses and physicians, with the former being an organization that acts as a mediator between caregivers and health plans while the latter e.g. doctors or any medical practitioner being covered when they relay medical information using electronic means. The health plan consists of almost anyone who meets the cost of treatment e.g. Medicaid and Medicare, health insurance companies, etc. (Peterul, 1999).

The HIPAA Privacy Rule provides that utmost safety measures should be taken to safeguard against accidental disclosure of information. Some of the methods of disposing of health information include “paper shredding, burning, or pulverizing” records that contain medical information (Harris, 2010). Again, the labeled prescription bottles are kept securely in opaque bags and destroyed, while information held electronically is cleared by overwriting, purged by exposing them to a strong magnetic field, or the media is damaged (Harris, 2010).

Conclusion

Personal medical health, which is also known as Personal Health Information (PHI), is normally recorded in health care services to provide continuity of care to individuals. The medical record plays a significant role in the interaction of the physician and other stakeholders in healthcare for the benefit of the patient. Medical information can also provide vital information, especially when used to carry out research. However, the rules and regulations set by HIPAA must be observed to safeguard the patient’s privacy (Mullner, 2009).

References

Mullner, R. (2009). Encyclopedia of health services research. Volume 2. Sage Publishers. Web.

Peterul, J. P. (1999). Financing Health Care for Retirement after HIPAA: A Planner’s Guide. Journal of Financial Planning, Vol. 9 Issue 6, p60. The United States. Web.

Harris, F. (2010). What HIPAA does and does not do. Centers for Medicare & Medicaid Services. Web.

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