HIPAA Ethics Essay

Tags: patient care patient privacy ethical issues health

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Ethical Responsibilities: Avoid Putting Organization at Risk




The 1996 HIPAA (Health Insurance Portability and Accountability Act) helps millions of U.S. employees and family members transfer and carry on with the same healthcare insurance coverage even if they jump jobs or get fired; decreases abuse and fraud in the health sector; mandates confidential use and protection of sensitive patient health details; and mandates sector-wide healthcare data standards when it comes to processes like electronic billing (California Department of Health Care Services, 2015). HIPAA's enactment made healthcare practitioners who can view and share patients' sensitive personal information legally liable (Medical Assistant Certification, n.d.). A few professional and ethical actions to be considered by new medical assistants include:



Contracts are voluntary arrangements between two entities wherein explicit promises are made. Contract elements are vital to physicians, nurses, etc. as healthcare services are delivered under different kinds of medical contracts (Chapter 3, n.d.).



1. Practitioners are required to terminate patient care formally and legally by: sending the patient a letter, through certified mail (return receipt requested), explaining why one is withdrawing services and providing a referral or recommendation to seek care elsewhere; including the letter and return receipt's copy in the patient file; and briefly explaining, within the patient file, the reason behind care termination and steps followed when doing so.



2. Malpractice claims: Patient lawsuits against physicians for diagnostic or treatment errors.

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A negligence case involves a patient or family member(s) believing a practitioner harmed the patient by failing to perform a necessary action or performing an inappropriate one.



3. Medical assistants are required to meet medical assisting standards to practically apply legal concepts. The American Association of Medical Assistants (AAMA) states that medical assistants must hold to legal concepts by: maintaining confidentiality, preparing and maintaining medical records, practicing within their capabilities' and training's scope, using proper guidelines during information release, documenting accurately, etc.



4. Several administrative responsibilities of medical assistants are connected with legal requirements. Insurance billing formalities, surgery patients' consent forms, and correspondence (e.g., physician's service withdrawal letter) should be handled appropriately for meeting legal standards.



5. Doctors are mandated by law to maintain confidentiality of patient information. Thus, all patient health-related information must be discussed in private with patients. Coworkers must only be communicated such information when appropriate.

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References


California Department of Health Care Services. (2015, March 18). Health insurance portability and accountability act: what is HIPAA? Retrieved from http://www.dhcs.ca.gov/formsandpubs/laws/hipaa/Pages/1.00WhatisHIPAA.aspx

Chapter 3. (n.d.). Legal and ethical issues in medical practice, including HIPAA. Retrieved from highered.mheducation.com/sites/dl/free/007294577x/138260/Chapter03.pdf

Medical Assistant Certification. (n.d.). Additional medical codes of ethics. Retrieved from http://www.medicalassistantcertification.org/medical-ethics/

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