Protecting Health Information in the 21st Century Essay

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	Define the Law	Identify stakeholders involved in law	Differentiate the confidentially requirements of the law	Identify the name of the law that was enacted to protect confidentiality in the healthcare industry	Describe the impact the law has on the health care industry
Statutory Law	Statutory law refers to written laws enacted by a legislative body, such as a federal or state parliament.	Legislative body that enacts the law Government agencies responsible for enforcing the law Citizens and businesses that must comply with the law	In the event of privacy rules that limit the sharing of personal information, confidentiality restrictions may be included in the text of the statute.	the Health Insurance Portability and Accountability Act (HIPAA) of 1996.	Mandates for health insurance coverage and electronic health record systems
Regulatory Law	Regulatory law refers to rules and regulations created by administrative agencies to implement and enforce statutory law.	Administrative agencies that create and enforce regulations Businesses and industries subject to the regulations regulations	By part of its rules and regulations, regulatory agencies may set secrecy requirements.	The Privacy Rule	Detailed requirements and standards for specific industries or areas of practice
Common Law	Common law refers to legal precedents established by courts through their interpretation of legal disputes and application of legal principles, rather than through written laws or statutes.	Courts that establish legal precedents through their decisions Lawyers and legal scholars who use those precedents to interpret and argue cases Parties involved in legal disputes who rely on those precedents to support their positions	Confidentiality requirements may be established through court decisions, such as in the case of rules regarding attorney-client privilege.	Court decisions	Governing patient confidentiality for safeguarding patient privacy

There are significant legal and ethical ramifications with the rising usage of technology in healthcare settings. The Health Insurance Portability and Accountability Act (HIPAA) of 1996 is one law passed to safeguard patient confidentiality (Cohen & Mello, 2018). The Protected Health Information (PHI) Act establishes national standards for the protection of individuals’ health information and mandates that covered organizations implement specific administrative, physical, and technical safeguards to guarantee the privacy, integrity, and availability of PHI.

The possible influence on patient privacy and confidentiality is one of the most critical ethical consequences of using technology in the healthcare sector. Sensitive health information may be compromised or disclosed without patient authorization as healthcare organizations depend increasingly on electronic health records (EHRs) and other digital platforms to store and communicate patient information (Cohen & Mello, 2018). Ethical severe issues with respect to autonomy, informed consent, and the right to privacy could result from this.

The use of technology in the healthcare sector also has significant legal ramifications. Technical safeguards for electronic data, administrative requirements for access control, and physical safeguards for electronic systems are all part of the standards and regulations for PHI protection established by HIPAA (Moore & Frye, 2019). If the covered entities do not follow these guidelines, they risk harsh legal consequences, such as fines and other sanctions (Naik et al., 2022). One of the main difficulties facing healthcare companies is the need to strike a balance between the advantages of employing technology to improve patient care and outcomes and the need to safeguard patient privacy and comply with legal and ethical duties (Moore & Frye, 2019). This necessitates a methodical and thorough approach to implementing technology and the creation of rules and processes to guarantee that patient information is stored, shared, and used by relevant laws and ethical standards.

In general, utilizing technology in the healthcare sector can greatly enhance patient outcomes and care quality. Healthcare organizations must, however, carefully evaluate the ethical and legal ramifications of utilizing technology in the provision of treatment and take the necessary precautions to safeguard patient privacy and adhere to current laws and regulations. Healthcare organizations may successfully negotiate the legal and ethical obstacles of employing technology to enhance the delivery of high-quality patient care by carefully planning, providing appropriate training, and developing policies.

References

Cohen, I. G., & Mello, M. M. (2018). HIPAA and Protecting health information in the 21st century. JAMA, 320(3), 231. Web.

Moore, W., & Frye, S. (2019). Review of HIPAA, part 1: History, protected health information, and privacy and security rules. Journal of Nuclear Medicine Technology, 47(4), 269–272. Web.

Naik, N., Hameed, B. M. Z., Shetty, D. K., Swain, D., Shah, M., Paul, R., Aggarwal, K., Ibrahim, S., Patil, V., Smriti, K., Shetty, S., Rai, B. P., Chlosta, P., & Somani, B. K. (2022). Legal and ethical consideration in artificial intelligence in healthcare: Who takes responsibility?Frontiers in Surgery, 9. Web.

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