Writeacher, I did what you suggested,(I hope I did it right) tell me what you think? Thanks!The Health Insurance Portability and Accountability Act of 1996
The Health Insurance portability and Accountability Act (HIPAA) has established a set of national standards that protects and allows patients control over their medical records. Therefore, HIPAA does affect the patients access to their medical records. Patients should be able to see or obtain their own records and request any corrections as needed for their files. The patient should ask their doctor in writing for a request of their medical record. This way the patient has a record of the request and any important information such as the day of the request by the patient. It usually takes about 30 days to receive the copy of the medical record. In some cases, the first copy is free, depending on if they are being picked up in person. Patients made be charged fees for additional copies because the staff taking time to process all information to be gathered and mailed to the patient. Therefore, because of HIPAA, patients have more access and control over their medical records(HHS).
According to HIPAA, patients personal health information (PHI) is confidential and cannot be used or disclosed without proper authorization. However, there are some circumstances that allow the health information to be disclosed unrelated to healthcare. These circumstances would be 1) Required by law 2) public health activities 3) victims of abuse, neglect or domestic 4) health oversight activities 5) judicial and administrative proceedings 6) law enforcement purposes 7) decedents 8) cadaveric organ, eye, or tissue donation 9) research 10) serious threat to health or safety 11) essential government functions 12) workers compensation 13) risk of death or harm to oneself. These are the only circumstances that would allow the patients medical records to be obtained without authorization(OCR 6).
There are requirements for covered entities to have written privacy policies. HIPAA requires that covered entities supply to the individual a written notice of the privacy policy. The things that need to be addressed in the privacy policy include:” the individuals rights and how they may implement his or her rights regarding the public health information, all the legal duties of the covered entity, description of disclosures allowed by HIPAA, description of the different types of allowed uses to disclose the PHI, including the disclosures that are required to be disclosed without the written consent or authorization of the individual, it should also include a separate statement for some PHI such as appointment reminders, different treatment options, and other services that maybe of interest to the individual”(Sullivan 7).
To be in compliance with the HIPAA laws, every employee needs to have training in all the procedures and policies with HIPAA to understand the confidentiality for all patients.
The staff must be trained as soon as the training information is available, usually a set date is imposed. If there has been any new changes involving the information, staff must be updated and trained within a reasonable time. Usually the office has a trained Privacy Officer. They are the ones that are usually responsible for making the training dates available and keep a record of documentation of who attends and completes all required training.(ocr 14) If someone violates the privacy policy there can be fines and penalties of jail time. “The law can establish fines up to $100 for each civil violation and up to 10 years in jail”(Stein A1).
References
Center for The Disease Control and Prevention(2003). HIPAA Privacy Rule and Public
Health. Morbidity and Mortality Weekly Report Vo. 52 pp. 1-12
Guidance from CDC and the U.S. Department of Health and Human Services.
(Apr 2003). June 11,2009.
HIPAA Privacy Rule: What Employers Need To Know. Office for Civil Rights (2003).
Summary of the HIPAA Privacy Rule. U.S. Department of Health and Human
Services. Pp. 1-19
Privacy Rights. (Sept 2008). Privacy Rights Clearinghouse. June 21, 2009
Stein, Rob. “Medical Privacy Laws Nets No Fines”. The Washington Post.
June 2006 A1. June 21, 2009.
Sullivan, June M. HIPAA A Practical Guide to the Privacy and Security of Health Data.
New York, American Bar Association (2005). Pp. 7-8. June 21, 2009
U.S. Department of Health and Human Services. Apr 3, 2003
There are still some of these errors floating around in there: "The patient should ask their doctor..." (pronoun/antecedent mismatches)
Your in-text citations don't match any of the items in your works cited (bibliography). Did you read the second set of instructions I posted? The in-text (parenthetical) citations need to be the first word or so of the appropriate item in the works cited list. I don't see any of these in the first word or two of the items in the list: HHS, OCR.
There also needs to be a space between the last word and the opening parenthesis in each set.
And finally, you have mixed an APA style works cited list with MLA style in-text citations. Go back to this site -- http://owl.english.purdue.edu/owl/resource/560/01/ -- and review sections 2 and 3 to see how to correctly cite in APA style.
Great job on your summary of HIPAA and its impact on patients' access to their medical records! Your explanation is clear and provides important details about how patients can request their medical records and the timeframe for receiving them. You also highlight the circumstances under which medical records can be disclosed without authorization, as outlined by HIPAA.
Additionally, you mention the requirement for covered entities to have written privacy policies and supply individuals with a notice of the privacy policy. It was helpful to include the key elements that should be addressed in the privacy policy, such as individuals' rights, legal duties, disclosures allowed by HIPAA, and separate statements for certain PHI.
Your explanation of the training requirements for employees to ensure compliance with HIPAA laws is thorough. It's important for staff to be trained on the procedures and policies to understand the confidentiality requirements for all patients. You emphasize the role of a Privacy Officer in coordinating training dates and maintaining documentation of attendance.
Overall, you did a great job summarizing the key points of HIPAA and its implications for patients and healthcare entities. Keep up the good work!