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

Student Name

Capella University

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

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Date

Introduction

This briefing will discuss research on best practices for avoiding Health Insurance Portability and Accountability Act (HIPAA) violations. “The Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects the privacy of personal medical information, prohibits discrimination based on health status in group health plans, and allows for special group health plan enrollment opportunities” [CITATION SHRnd2 \l 1033]. Vila Health has numerous HIPAA violations, and the director of HR wants a better process to be implemented. The HR professional will accomplish this by adhering to HIPAA regulations and aligning the organization’s mission with legal compliance and ethical behavior.

HIPAA Impacts on Regulatory Environment and Healthcare Industry

Healthcare is an industry that provides service. This industry requires regulation with the enforcement of government requirements. “A regulatory system helps keep track of how well the healthcare system is complying with its contractual obligations and other legal requirements, protecting the public interest” [CITATION DrL21 \l 1033]. Regulations are important in healthcare to protect healthcare professionals and ensure that public health welfare is properly served by provided health programs. HIPAA is necessary for standardizing and supervising the healthcare industry, complying with public health policies, and ensuring that safe care is provided to all patients and visitors within the healthcare system.

“HIPAA breaches can happen even to the best-prepared healthcare organizations, but knowing the most common failings can improve your chances of staying in the good graces of the Office for Civil Rights (OCR)” [CITATION Hos19 \l 1033]. In recent times, organizations have made many mistakes. In a journal article of the Hospital Access Management, attorney Melissa Soliz stated, the OCR imposed “$2.15 million civil monetary penalty on a health system that lost paper records on 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” [CITATION Hos19 \l 1033].

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

These mistakes could have been avoided by regularly reviewing the organization’s security safeguards. There should have been strict emphasis and reminders for employees not to take any health information outside the perimeters of the health facilities unless it was necessary and under the guidelines of the policy and procedure. In the Hospital Access Management, it states that mistakes even under the best policies can still violate HIPAA. “Data management and restricted access can address some of the inevitable human failings that lead to HIPAA breaches” [CITATION Hos19 \l 1033]. Some ways of doing that are prohibiting accessing and storing health information systems on personal devices such as laptops, cellphones, or tablets not approved for organizational use. Also, instructing and training staff on how to avoid cyberattacks, such as phishing emails that can cause a system breach affecting the organization’s protected health information. “If employees have limited or no access to protected health information (PHI), they cannot release it even accidentally” [CITATION Hos19 \l 1033].

Legal and Ethical Basis for Patient Privacy

“A major goal of the Privacy Rule is to assure that individuals’ health information is properly protected while allowing the flow of health information needed to provide and promote high quality health care and to protect the public’s health and wellbeing” [CITATION USDnd4 \l 1033]. “Respecting patients’ confidentiality is an ethical and legal responsibility for health professionals and the cornerstone of care excellence” [CITATION Teg22 \l 1033]. When referring to confidentiality, it’s the restriction of personal information from unauthorized persons. Every patient has the right to confidentiality and private communication not being disclosed without the patient’s permission. It is a legal obligation that health professionals handle all patient’s information privately and securely.

If such highly sensitive data is improperly disclosed, it could threaten patients’ safety. This is not just showing ethical behavior but develops positive and professional trust between the patient and the health professional. In 1998, the law known as the Data Protection Act was enacted with guidelines and principles for maintaining the sanctity of patient’s privacy. The Data Protection Act was created to provide protection and set guidelines for handling personal data [CITATION Teg22 \l 1033]. Therefore, ensuring the confidentiality of information satisfies the legal responsibilities imposed on healthcare institutions and acts as an unwavering moral duty that forms the foundation of ethical healthcare provision.

HIPAA Compliance Impacts the Delivery of Quality Healthcare

As stated earlier, HIPAA guidelines are known as the restricted use and disclosure of protected health information against unauthorized access. HIPAA provides all patients a level of protection of their healthcare data, offering peace of mind in disclosing personal information, which is critical in building trust to allow full participation in their healthcare. This trust helps healthcare providers make correct diagnoses and develop effective treatment plans when the patient feels they can discuss their most private information and not have to worry about it being exposed.

“By taking a more active role in their healthcare, patients are more likely to comply with the advice their healthcare providers give them and make healthier lifestyle choices, which improves patient outcomes. Studies have shown that patients who do not believe their privacy will be protected are much less likely to fully participate in the diagnosis and treatment of medical conditions” [CITATION Ste23 \l 1033]. Although HIPAA is a continuous work in progress and compliance can sometimes be hard to manage, it has been very beneficial to patients, healthcare organizations, healthcare professionals, and the healthcare industry. By improving relationships and increasing job satisfaction.

Electronic Storing and Access of Medical Records

Electronic medical records (EMR) are a great way to provide better care to patients and make it convenient for health providers with medical planning and treatment. “The EMR technology gives health care providers information in formats that were not possible with paper charts. Primary care providers can now view and print graphs of values such as weight, cholesterol levels, and blood pressure, tracking changes over time” [CITATION Don15 \l 1033]. Access to the EMR provides a preferable way for physicians and other healthcare professionals to access information and resources for screening, prevention, and management. “The structured EMR data provides the potential to access point-of-care data that can be used to inform practice and conduct research.”

“The retention of patient records is necessary in providing continuing patient care by healthcare providers regardless of care setting (e.g., inpatient, outpatient, emergency)” [CITATION Geo20 \l 1033]. When medical records are retained, it develops a track record of patient’s treatment plans, especially for long-term patient treatment and successful quality of care. It is also useful for medical malpractice suits, licensing board complaints, and medical billing audits. Retaining patient’s records is legal and must be retained for a certain length of time based on the state. Prozgar states, failure to preserve medical records can lead to lawsuits just as the plaintiff in Rodgers v. St. Mary’s Hosp. of Decatur. “In the absence of specific state requirements, providers should keep health information for at least the period specified by the state’s statute of limitations or for a sufficient length of time for compliance with laws and regulations” [CITATION Geo20 \l 1033].

HIPAA Compliance in Alignment with the Organization Standards

HIPAA compliance can be challenging and a little intimidating. Especially being noncompliant and faced with fines up to $250,000. Vila Health has had numerous HIPAA violations and now a plan has been implemented to better the process and align compliance with the organization’s mission and ethical standards.

• Hiring a HIPAA compliance champion who focuses on security standards and oversees staff handling patient-protected health information (PHI). This individual will lead a team of trained employees on compliance in healthcare. The team will provide up-to-date training to employees quarterly on handling PHI.
• Implementing a robust security measure that secures medical records. This system will have encryption techniques, robust firewalls, and a secure storage system.
• Conducting risk assessments regularly to identify threats immediately and shut them down before a massive breach of information.
• Employee training and awareness of HIPAA regulations, privacy policies, and security measures; acknowledging the importance of their role and obligations in safeguarding the patient’s privacy and upholding the organization standards.
• Informing all employees who to contact if they want to ask HIPAA-related questions, who to contact if they suspect there has been an unauthorized use or disclosure of health information, and where the organization’s HIPAA policies and procedures are located.

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.

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