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Homework Help: Law and Ethics

Posted by Lei on Sunday, July 20, 2008 at 12:33pm.

Please check this for me and let me know what you think thanks

75
HIT 105 RESEARCH PROJECT
Background
The HIPAA Privacy Standards that went into effect in April
of 2003 greatly affect both the privacy rights of patients and
the duties of medical personnel.
Procedure instructions for research project.

Go hipaa website and begin
your research at that site for answers to the questions below.
Be sure to carefully read the PDF file ¡°Summary of HIPAA
Privacy Rule.¡± (Note that covered entity means those who are
subject to the HIPAA rules¡ªlike health plans, doctors, hospitals,
clinics, and nursing homes.) You¡¯ll probably need to use
additional research material and Web sites to complete your
project. You must use appropriate citation throughout your
paper, and you must attach a reference page to your project.
1. Does HIPAA affect the patient¡¯s access to his or her
medical records? If so, describe the effect and the
procedure for obtaining access.
2. Under what circumstances can personal health
information be used for purposes unrelated to
health care? (Hint: There should be at least 12
circumstances.)
3. Are there requirements for covered entities to have
written privacy policies? If so, what has to be addressed
in the policy?
4. How will employees in the medical office have to be
trained regarding privacy (for example, who is responsible
for training and record keeping)? What is required if
an employee doesn¡¯t follow the privacy policy? When
must employees be trained? In what manner?
Provides clear answers to the assigned questions
¡ö Addresses the questions in complete sentences, not
just simple yes or no statements
¡ö Supports his or her opinion by citing specific
information from the assigned Web sites and
any other references using correct APA or MLA
guidelines for citations and references
¡ö Stays focused on the assigned issues
¡ö Writes in his or her own words and uses quotation
marks to indicate direct quotations
Written Communication
The student
¡ö Answers each question in a complete paragraph that
includes an introductory sentence, at least four sentences
of explanation, and a concluding sentence
¡ö Uses correct grammar, spelling, punctuation,
and sentence structure
¡ö Provides clear organization (for example, uses words like
first, however, on the other hand, and so on, consequently,
since, next, and when)
¡ö Makes sure the paper contains no typographical errors

ok this is what I did so far thanks again for all of your help
Law and Ethics
The Preamble of the American Medical Association (AMA) follows nine principles of medial ethics. The principles that have been adopted are not laws, but standards of conduct which defines the essentials of honorable behavior for the physician. These principles were primarily for the benefit of the patient. As a member of this profession, a physician must recognize responsibility to patients first and foremost, as well as to society, to other health professionals, and to self.("Principles of Medical Ethics" June 17, 2001.)


Law and Ethics
The Preamble of the American Medical Association (AMA) follows nine principles of medial ethics. The principles that have been adopted are not laws, but standards of conduct which defines the essentials of honorable behavior for the physician. These principles were primarily for the benefit of the patient. As a member of this profession, a physician must recognize responsibility to patients first and foremost, as well as to society, to other health professionals, and to self.("Principles of Medical Ethics" June 17, 2001.)


"The AMA reaffirms the importance of confidentiality of patient records regardless of the form in which they are stored. They will study and incorporate into its model legislation, Confidentiality of Health Care Information, a provision regulating third parties' use of computerized patient records in physicians' offices; and will develop guidelines for physicians using computerized medical record systems to protect the confidentiality, integrity and security of patient records. (H-315.990 Confidentiality of Computerized Patient Records).
In this paper I will try to answer some questions regarding the ethical opinions on computer confidentiality
1. Should corrections be date and time stamped?
Yes. This is for proper documentation purposes and to protect the integrity of the data. If ever the patient asks information on whom and when the correction was made, the information will be readily available. It should also include the name of the person who made the changes or who viewed the online record. (H-315.997 Patients' Access to Information Contained in Medical Records)
2. When should the patient be advised of the existence of computerized databases containing medical information about the patient?
The patient should be advised once the data is transferred to the computer database. Patient's permission should be obtained before they transfer the records on the computer database. This done to protect the patient's right to privacy and confidentiality. (H-315.997 Patients' Access to Information Contained in Medical Records)
3. When should the patient be notified of purging of archaic or inaccurate information?
The patient should be notified before the information was purged or before the inaccurate information is replaced by the more accurate data. ("Patient confidentiality")
4. When should the computerized medical database be online to the computer terminal?
If sharing this information allows patients to be treated more efficiently and safely.
"Electronic health information systems allow increased access and transmission to health data. Physicians in integrated delivery systems or networks now have access to the confidential information of all the patients within their system or network. Confidential information also is disseminated through clinical repositories and shared databases" (Patient Confidentiality)
5. When the computer service bureau destroys or erases records, should the erasure be verified by the bureau to the physician?
Yes, because it is the physicians responsibility and the patient's records integrity at stake. Any changes should be informed to the person's concerned.
6. Should individuals and organizations with access to the databases be identified to the patient?
Yes, since it is a breach of confidentiality if information is disclosed to a third party, without patient consent or court order any private information that the physician has learned within the patient-physician relationship.
7. Does the AMA ethics opinion mention encryption as a technique for security?
Yes, The HIPAA Security Standards require physicians to protect the security of patients' electronic medical information through the use of procedures and mechanisms that protect the confidentiality, integrity, and availability of information. Physicians must have in place administrative, physical, and technical safeguards that will protect electronic health information that the physician collects, maintains, uses, and transmits.
8. What does the ethics opinion say about disclosure by recipients of authorized data to third parties?
If the patient gave the authorization to release his electronic records into the computer database According to AMA patient confidentiality rules, "The patient's express authorization is required before the medical records can be released to the following parties: patient's attorney or insurance company; patient's employer, member of the patient's family member and the patient's attorney under a durable power of attorney for health care" (Patient Confidentiality)


Then my sources would go here

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