Essay on "Ethical and Legal Perspectives in Health Care"

Essay 3 pages (1275 words) Sources: 5

[EXCERPT] . . . .

Ethical and Legal Perspectives in Health Care (Discussion Questions)

"Because Congress passed ARRA after passing HIPAA, any conflicting provisions between the two statues will be governed by the provisions of ARRA. The two statues can be reconciled because of a provision in ARRA that states any HIPAA statutory provision or regulation remains in effect to the extent that it is consistent with AARA. Discuss one conflicting provision between the two laws and explain how the conflict would be resolved. Include a brief explanation of ARRA and HIPAA."

First student

The 1996 Health Insurance Portability and Accountability Act (HIPAA) was primarily designed to protect patient privacy after the explosion of electronic record-keeping in the 1990s. Electronic records are encouraged by the federal government because they have been proven to reduce medical errors and enhance patient safety (Provisions, 2008, AIHA). However, the American Recovery and Reinvestment Act of 2009 (ARRA) substantively expanded the provisions of HIPAA. "Previously, HIPAA applied only to the use and disclosure of individually identifiable health information (known as 'protected health information') by health care providers, health plans, and health care clearinghouses (known collectively as 'covered entities')" (Kastel 2009). While other vendors were not covered by HIPAA, under ARRA they are now subject to the same privacy guidelines as direct providers. This ensures that all companies employed within the healthcare industry, not just simply healthcare providers, are similarly subjected to privacy restrictions as direct providers. No third parties with vested interests can gain access to private healthcare data (like insurers) nor can such indirectly involved entities profit off of patient data. This also establishes the principle that it is not the question of 'who' has private patient data that matters regarding privacy protections, but the fact that on principle patient data must be private.

References

Kastel, G. (2009). ARRA changes. Faegre Baker Daniels. Retrieved:

http://www.faegrebd.com/8969

Provisions of the American Recovery and Reinvestment Act of 2009, Public Law 111. (2009).

AHIMA. Retrieved: http://www.ahima.org/downloads/pdfs/advocacy/AnalysisofARRAPrivacy-fin-3-2009a.pdf

Second student

Protecting patient privacy is of greater importance than ever. The explosion of online technology, as originally governed by HIPAA, has changed a great deal since the law was first passed. It is essential that privacy laws pertaining to patient records are continually updated to reflect changes in it and also cultural attitudes towards what constitutes private information. There is always concern that sensitive patient data will fall into the wrong hands, either of potential employers or insurers, and will be used in an unconstitutional fashion. According to ARRA, now all entities handling patient data are bound by the guidelines of HIPAA and "must comply with administrative, physical, and technical safeguards and with documentation and policy requirements" regarding their handling of data, lest they be fined (Rosati 2009). Thus, it may be required that entities create new methods of encryption of data and set new in-house policies which they did not before to ensure ARRA compliance -- complying with HIPAA alone will not be a defense or an excuse if data is illegally released.

Reference

Rosati (et al. 2009). Lawyers as HIPAA business associates. Milligan Lawless. Retrieved:

http://www.milliganlawless.com/documents/AAHCL11-5-09Presentation-LawyersasHIPAABusAssocs.pdf

Part B. Pretend that this question answered two (2) different students:

"You are the administrator of an extended care facility and receive a summons to appear for a deposition regarding a law suit in which a patient slipped and fell. In reviewing the methods of discovery listed in Table 2.5, what documents would you bring to the deposition? Also, how would you personally prepare for the deposition?"

First student

"Disclosure is the process" when both sides of a legal dispute "disclose to each other and the court, documents and other evidence they intend to use" (Meyer 2013). Documents likely to be useful at the deposition include photographs of the area of the fall, medical records of the patient, evidence of assisting the patient (such as… READ MORE

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