HRM FPX 5401 Assessment 3 Legal and Ethical Considerations in Healthcare Privacy: Brief

HRM FPX 5401 Assessment 3 Legal and Ethical Considerations in Healthcare Privacy: Brief

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Capella university

HRM-FPX5401 The Legal, Ethical, and Regulatory Environment of Health Care

Prof. Name

Date

Introduction

This briefing will explore research on best practices for preventing violations of the Health Insurance Portability and Accountability Act (HIPAA). The Health Insurance Portability and Accountability Act of 1996 (HIPAA) safeguards the privacy of personal medical information, prohibits discrimination based on health status in group health plans, and provides special enrollment opportunities for group health plans. Vila Health has encountered numerous HIPAA violations, prompting the HR director to seek improved processes for compliance. The HR professional aims to achieve this by adhering to HIPAA regulations while aligning the organization’s mission with legal compliance and ethical standards.

HIPAA Impacts on Regulatory Environment and Healthcare Industry

The healthcare industry is service-oriented and requires regulation to enforce government mandates. A robust regulatory system is essential for monitoring compliance with contractual obligations and legal requirements, thereby protecting public interest. Regulations play a critical role in safeguarding healthcare professionals and ensuring that public health welfare is adequately served through health programs. HIPAA is vital for standardizing and overseeing the healthcare industry, ensuring compliance with public health policies, and providing safe care to all patients and visitors within the healthcare system.

HIPAA breaches can occur even in well-prepared healthcare organizations, but understanding common pitfalls can enhance compliance with the Office for Civil Rights (OCR). Recent incidents have highlighted significant mistakes made by organizations. For instance, attorney Melissa Soliz noted in a journal article that the OCR imposed a $2.15 million civil monetary penalty on a health system that lost paper records for over 1,400 patients, allowed a reporter to share a photograph of an operating room containing patient health information on social media, and had an employee who had been inappropriately accessing and selling patient records since 2011.

HRM FPX 5401 Assessment 3 Legal and Ethical Considerations in Healthcare Privacy: Brief

These errors could have been mitigated through regular reviews of the organization’s security safeguards. There should be a strong emphasis on reminding employees not to take any health information outside the healthcare facility unless necessary and in accordance with established policies and procedures. Even with the best policies in place, mistakes can still lead to HIPAA violations. Implementing data management and restricted access can help address some of the human errors that contribute to HIPAA breaches.

Prohibiting access to and storage of health information on personal devices, such as laptops, cellphones, or tablets not approved for organizational use, is one effective strategy. Additionally, training staff to avoid cyberattacks, such as phishing emails that could compromise the organization’s protected health information, is crucial. If employees have limited or no access to protected health information (PHI), they cannot inadvertently release it.

Legal and Ethical Basis for Patient Privacy

A primary objective of the Privacy Rule is to ensure that individuals’ health information is adequately protected while allowing the necessary flow of information to provide and promote high-quality healthcare and protect public health and well-being. Respecting patient confidentiality is both an ethical and legal obligation for healthcare professionals and is fundamental to providing excellent care. Confidentiality involves restricting personal information from unauthorized individuals, and every patient has the right to confidentiality and private communication that is not disclosed without their consent. Healthcare professionals are legally required to handle all patient information privately and securely.

Improper disclosure of sensitive data can jeopardize patient safety. Upholding confidentiality not only reflects ethical behavior but also fosters trust between patients and healthcare professionals. In 1998, the Data Protection Act was enacted, establishing guidelines and principles for maintaining the integrity of patient privacy. This act was designed to protect personal data and set standards for its handling. Therefore, ensuring the confidentiality of patient information fulfills the legal responsibilities imposed on healthcare institutions and serves as a fundamental moral duty that underpins ethical healthcare provision.

HIPAA Compliance Impacts the Delivery of Quality Healthcare

As previously mentioned, HIPAA guidelines focus on the restricted use and disclosure of protected health information (PHI) to prevent unauthorized access. HIPAA ensures that patients receive a level of protection for their healthcare data, which fosters peace of mind when disclosing personal information. This sense of security is crucial for building trust, enabling patients to fully engage in their healthcare. When patients feel confident that their most private information will remain confidential, they are more likely to share relevant details, allowing healthcare providers to make accurate diagnoses and develop effective treatment plans.

By actively participating in their healthcare, patients are more inclined to follow their healthcare providers’ advice and adopt healthier lifestyle choices, ultimately improving patient outcomes. Research indicates that patients who doubt the protection of their privacy are significantly less likely to engage fully in the diagnosis and treatment of their medical conditions (Ste23, 2023). Although maintaining HIPAA compliance can be challenging and requires ongoing effort, it has proven beneficial for patients, healthcare organizations, healthcare professionals, and the healthcare industry as a whole by enhancing relationships and increasing job satisfaction.

Electronic Storing and Access of Medical Records

Electronic medical records (EMRs) offer a valuable means of delivering better patient care while providing convenience for healthcare providers in medical planning and treatment. EMR technology enables healthcare providers to access information in formats that were previously unattainable with paper charts. Primary care providers can now view and print graphs of key health metrics, such as weight, cholesterol levels, and blood pressure, allowing them to track changes over time (Don15, 2015). Access to EMRs provides healthcare professionals with a preferred method for obtaining information and resources related to screening, prevention, and management. The structured data within EMRs allows for the retrieval of point-of-care data that can inform practice and facilitate research.

The retention of patient records is essential for ensuring continuity of care by healthcare providers, regardless of the care setting (e.g., inpatient, outpatient, emergency) (Geo20, 2020). Maintaining medical records creates a comprehensive history of a patient’s treatment plans, which is particularly important for long-term care and ensuring quality outcomes. Additionally, retained records are valuable for medical malpractice lawsuits, licensing board complaints, and medical billing audits.

Legal requirements dictate that patient records must be kept for a specified duration based on state laws. According to Pozgar, failure to preserve medical records can lead to lawsuits, as demonstrated in the case of Rodgers v. St. Mary’s Hospital of Decatur. In the absence of specific state mandates, healthcare providers should retain health information for at least the duration specified by the state’s statute of limitations or for a sufficient period to comply with applicable laws and regulations (Geo20, 2020).

HIPAA Compliance in Alignment with the Organization Standards

Achieving HIPAA compliance can be daunting and intimidating, particularly given the potential fines of up to $250,000 for noncompliance. Vila Health has experienced multiple HIPAA violations and has now implemented a plan to enhance processes and align compliance with the organization’s mission and ethical standards.

To facilitate this, Vila Health will hire a HIPAA compliance champion responsible for focusing on security standards and overseeing staff handling patient-protected health information (PHI). This individual will lead a team of trained employees dedicated to ensuring compliance in healthcare. The team will provide quarterly training to employees on the proper handling of PHI.

HRM FPX 5401 Assessment 3 Legal and Ethical Considerations in Healthcare Privacy: Brief

Additionally, the organization will implement robust security measures to protect medical records, including encryption techniques, strong firewalls, and secure storage systems. Regular risk assessments will be conducted to promptly identify threats and mitigate them before a significant breach occurs.

Employee training and awareness regarding HIPAA regulations, privacy policies, and security measures are essential. Staff must understand their roles and responsibilities in safeguarding patient privacy and upholding organizational standards. Furthermore, all employees will be informed about whom to contact for HIPAA-related inquiries, whom to notify if they suspect unauthorized use or disclosure of health information, and where to find the organization’s HIPAA policies and procedures.

References

Alder, S. (2023, January 20). Editorial: Benefits of HIPAA for Healthcare Professionals. Retrieved from The HIPAA Journal: https://www.hipaajournal.com/benefits-of-hipaa-for-healthcare-professionals/#:~:text=Through%20HIPAA%20compliance%2C%20healthcare%20organizations,to%20deliver%20high%2Dquality%20care.

Hospital Access Management. (2019, December). Avoid most common HIPAA violations with best practices, education. Retrieved from https://www.proquest.com/docview/2315025419?accountid=27965&parentSessionId=f70dzlSQX4YYnecVsdY8mv6sAyR%2FFAQEaRXrOFyYtdM%3D

Manca, D. P. (2015, October). Do electronic medical records improve quality of care? Retrieved from PMC PubMed Central: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4607324/

Pozgar, G. D. (2020). Legal and Ethical Essentials of Health Care Administration (3rd ed.). Burlington, MA: Jones & Bartlett Learning.

HRM FPX 5401 Assessment 3 Legal and Ethical Considerations in Healthcare Privacy: Brief

SHRM. (n.d.). Health Insurance Portability and Accountability Act (HIPAA). Retrieved from https://www.shrm.org/resourcesandtools/tools-and-samples/hr-glossary/pages/health-insurance-portability-and-accountability-act-hipaa.aspx#:~:

text=The%20Health%20Insurance%20Portability%20and%20Accountability%20Act%20of%201996%20(HIPAA,RETURN%20TO%20THE%20

Tegegne, M. M. (2022, March 14). Health professionals’ knowledge and attitude towards patient confidentiality and associated factors in a resource-limited setting: a cross-sectional study. Retrieved from https://bmcmedethics.biomedcentral.com/articles/10.1186/s12910-022-00765-0#citeas

HRM FPX 5401 Assessment 3 Legal and Ethical Considerations in Healthcare Privacy: Brief Thomas, D. L. (2021, December 7). What is the Role of Regulatory Bodies in Healthcare? Retrieved from https://www.news-medical.net/health/What-is-the-Role-of-Regulatory-Bodies-in-Healthcare.aspx#:~:text=A%20regulatory%20system%20helps%20keep,requirements%2C%20protecting%20the%20public%20interest.

U.S. Department of Health and Human Services. (n.d.). Summary of the HIPAA Privacy Rule. Retrieved from https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html