Law Profile Paper
Transcript of Law Profile Paper
-
8/8/2019 Law Profile Paper
1/4
HIPAA LAW
The law I chose to write about is the Health Insurance Portability and
Accountability Act or in short term the HIPAA. This act was passed in 1996, to
set a national standard for electronic transfers on health data. Congress also saw
this law as a means to address the growing public concern about their privacy
and security of their personal health data. The privacy rule was made effective on
April 14, 2003, for most health care providers, health plans, and health care
clearing houses. In addition small plans had until April 14, 2004, to comply with
this act. Most felt that this act was set in place to restore confidence that the
sensitive medical information (data) of clients and patients was a matter kept
between a individual and their doctor, but many are disappointed to find out that
the Health Insurance Portability and Accountability Act was designed to set a
standard for privacy of information in todays electronic technology age for the up
and coming of all health data becoming electronic records. These laws vary from
state to state so if a person wanted to find out the pacifics of their states law
they would need to contact or look in to that states privacy law act. One good
thing about this law is that the organization must let you know how and who your
information is being given to and for what purpose. There are many ways to go
about finding reliable resources regarding the HIPAA Law one way is through the
Health Insurance Portability and Accountability Act (HIPAA) OF 1996, or human
resources department were a person works at or through Privacy Rights
Clearinghouse. The purpose of this law is to protect the community patient and
clients rights to privacy as well as to improve the efficiently of the healthcare
-
8/8/2019 Law Profile Paper
2/4
HIPAA LAW
systems by establishing standards for the electronic exchange of health
information. HIPAA applies to health care clearing houses, and health care
provides that transmit any health information in electronic form. The Department
of Health and Human Services (HHS) has responsibility for administering and
enforcing the Act, which means they are able to provide the information needed
to determine if there is a violation or if someone is in violation of any parts of the
HIPAA Law, most of this is able to be done using technology. The Health and
Insurance Portability and Accountability Act law touches on privacy issues by the
means of Administrative simplification, which calls for use of the same computer
language industry wide; privacy protection which requires healthcare providers to
take reasonable measures towards guarding/protecting patient and clients rights
and like; written, electronic information, and oral. Congress passed this law to
help aide the effort of protecting the security and privacy of individual identifiable
health information. Lawmakers sought to reduce the administrative burden and
cost associated with healthcare; this was done by standardizing data and
facilitating transmission of several financial and administrative transactions.
Lawmakers for the HIPAA saw this new regulation as a means to save
healthcare industries money and help in providing improved security of patients
and clients information and allowing patient/clients better access to their own
records and information. The HIPAA law affects day to day operations within
human services According to Privacy Rights Clearinghouse (2003-2010), "[HIPAA
touches on privacy in small ways like routine office visits, prescriptions, refills,
and messages left on voice mail systems. This is a partial list of day to day
-
8/8/2019 Law Profile Paper
3/4
HIPAA LAW
situations come into play.] (10, para.). The HIPAA law also comes into play in
the following: Individuals being able to make special requests to be called for
appointment reminders or to discuss an individuals treatment plan at certain
numbers, healthcare providers should be careful of what and how much
information is left on patients voice mail systems, medical records can be faxed
from one doctor to another, someone else is able to pick up a persons
prescription with that individuals permission, doctors can prescribe medication
without a face to face visit, and pharmacists can talk to a individual over the
counter regarding their medication, but must take care that others around them
or near do not hear the conversation, and medical files can be left outside the
examining room, but should always be turned facing the wall or door. An
argument that was made against the HIPAA Law came from doctors arguing that
the privacy law actually allows the wrong people access to medical files like
insurance companies, this brought about a law suit in Philadelphia, were patient
advocacy groups are displeased with the new law. [Doctor Groups are up in arms
over the legislation, saying it keeps them from freely communicating with their
patients and from efficiently partnering with other physicians to maximize patient
care] (Reaves, 2010). On October 31, 2005, third circuit rejected the challenge
by the patient advocacy groups to rule a promulgated under the Health Insurance
Portability and Accountability Act of 1996. The court made it clear that they
rejected the argument, HIPAA may have be implemented in a manner that places
reasonable limits on the privacy protections available under law. The courts also
expressed noted that the objective of protecting patients privacy must be fair and
-
8/8/2019 Law Profile Paper
4/4
HIPAA LAW
balanced against the statutes of other legitimate goals. Potential ramifications for
clients and the organization if the HIPAA Laws are not followed are fines, loss of
patient/clients trust and or business, and possible jail time for organization
members/groups who violate this Act, if jail time is given then that person is held
responsible for the organization or companys fraudulent acts. As for clients it can
cause a loss of respect from the community, business partners, family and
friends, embarrassment, and or loss of fair health care coverage. My
recommendation would be to just simply follow the rules, procedures, and
regulations regarding the HIPAA, and common sense should tell any adult that
discussing a persons personal life and or information is not right and one should
keep in mind how would they feel if their information and or life were the bases of
strangers conversation. In conclusion the privacy act should be looked at as a
safe guard for patients, clients, employees, and employers.
Privacy Rights Clearinghouse. (2003-2010). HIPAA Basics: Medical privacy in the electronic
age. Retrieved August 8, 2010, from http://www.privacyrights.org /fs/fs8a-hipaa.htm#10
Reaves, J. (2010). Inside the medical privacy act. Time. Retrieved August 8, 2010, from
http://www.time.com/time/health/article/0,8599,444205,00.html
Sidley Austin Brown and Wood llp. (2005). Information Law and Privacy Alert. Retrieved from
http://www.sidley.com/db30/cgi-bin/pubs/Information%20Law%20and%20Privacy%2012.5.05.pdf