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October 21, 2014

Homework Help: HIPPA (stuck)

Posted by kaleigh on Thursday, August 7, 2008 at 2:26pm.

Please look this over for me thanks I keep messing up I guess I am stupid well anyways thanks again

HIPPA Privacy Standards

With the Health Insurance Portability and Accountability Act (HIPPA), the Congress mandated implementation of several federal privacy protections that allows patients to have more control over their health information, put clear lines on the use and the releasing of specific health records (CDCP, 2003).

With this in place, individuals have the right to obtain a copy of their own protected health information. They access this designated record set from authorized keepers and users of individuals' health information called covered entities. They can have an accounting of the disclosures of their protected health information by these covered entities and their business associates. They can also restrict the use or disclosure of protected health information, sometimes due to treatment, payment or health care operations. However, the covered entity is not obliged to agree. If it does, then compliance is a given except in a medical emergency. Alternative means of accessing their information is allowed even in unconventional ways if the individual think this is dangerous for them with or without proof (OCR, 2003).

Although individuals have this right, there are instances that others can access it without consent from them. The law enforcement officials can have their information from the covered entities even without their permission if it would use for law enforcement purposes as required by law and administrative requests. Funeral directors and medical examiners can have it as well to identify a dead body, determine cause of its death and other functions as authorized by law. In relation to this, the information may also be used to facilitate the donation and transplant of organs, eyes, and tissue. Research purpose as well as prevention of serious and imminent threat to a person or the public can be a reason for unauthorized access as well. Nor is consent necessary when it is for certain essential government functions like the proper implementation of military missions, carrying out of intelligence and national security activities, provision of protection to the president, and establishment of the eligibility for enlisting in certain government benefit programs and other related activities. Workers' compensation laws and other similar provisions with relation to the giving of benefits may be a factor to induce the covered entities to indulge the information even without authorization (OCR, 2003).

Covered entities carry out their responsibility of safe keeper in a series of ways. They must implement written protected health information (PHI) privacy procedures, appoint a privacy office, explain to business associates the obligation to sign agreements while respecting to the confidentiality of PHI and how it should be kept that way. They must also train all of their employees in privacy rule requirements. Moreover, these entities have to give patients written notice of the covered entities' privacy practices, how and what procedures are being followed in accessing their medical records, an opportunity to request amendments of the records, an option to limit the use or disclosure of their information, the ability to have an accounting of any use to which the PHI has been put and the chance to request alternative methods of communicating information (TWC, 2004).

HIPAA is set up to keep the private health information in good hands. It also holds the violators civilly and criminally accountable when they would impede on patients' privacy rights (CDCP, 2003). Employees, volunteers, trainees, and may also include other persons whose conduct is under the direct control of the entity are the so called workforce, regardless of whether they are receiving compensation from the entity. They are to be trained by these covered entities on all of its privacy policies and procedures, necessary and appropriate in order for them to carry out their functions. violations to these policies and procedures by the said workforce have its respective sanctions and punishments as determined by the covered entities (TWC, 2004).

References

Centers for Disease Control and Prevention (2003). HIPAA Privacy Rule and Public Health. Morbidity and Mortality Weekly Report Vo. 52 pp. 1-12

HPPA Privacy Rule:What Employers Need to Know. Retrieved May 12, 2007 from
Office for Civil Rights (2003). Summary of the HIPAA Privacy Rule. US Department of Health and Human Services pp. 1-19

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