HCS 430 Week 4 Laws and Regulations in Health Care
Laws and Regulations in Health Care
The federal law known as the Health Insurance Portability and Accountability Act of 1996 (HIPAA) prevents sharing sensitive patient medical information without the patient’s consent or knowledge. CDC, 2022). The HIPAA Privacy Rule and the HIPAA Security Rule were issued by the US Department of Health and Human Services (HHS) in order to fulfill the requirements of HIPAA. The two principles lay out public necessities for paper and electronic individual well-being data. Because of the expanded utilization of innovation, it was vital for HIPAA to work on its protections to lessen breaks of electronic clinical records.
The HIPAA Privacy Rule applies to “health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically” (Office for Civil Rights (OCR), 2022). It protects patients’ medical records as well as their other identifiable health information, which is also known as protected health information (PHI). In order to safeguard the confidentiality of protected health information, healthcare providers must acquire the necessary safeguards and adhere to specific restrictions regarding the uses and disclosures that may be made without a patient’s consent. Under this standard, specialists are expected to introduce a report of every substance to which a patient’s PHI is shared. Patients are also granted rights regarding their PHI under the HIPAA Privacy Rule. The right to check and get a copy of their medical records, the right to tell a covered entity to send an electronic copy of their information to a third-party payer, and the right to ask for changes are among these rights. 2022, Office for Civil Rights (OCR).
Effect of HIPAA Security Rule Prerequisites on the Medical Care Industry
There are numerous guidelines that go with the HIPAA Security Decide to guarantee that medical care offices are appropriately keeping the law. One primary guideline is who and when a patient’s safeguarded well-being data can be utilized or shared by covered elements. According to the Office for Civil Rights (2022) website, the HIPAA Privacy Rule’s fundamental principles are that covered entities cannot use or share information unless the Privacy Rule permits or requires them to do so or the subject of the information grants written permission. In accordance with the fundamental principles, covered entities are required to share a patient’s protected health information in two instances. The first is the point at which the data is mentioned by the patient, and the second is when HHS is playing out a consistency examination or survey, or implementation activity.
HCS 430 Week 4 Laws and Regulations in Health Care
In order for additional requests for protected health information to be approved, a patient must sign a nondisclosure form stating who they would like their information shared with. If healthcare facilities do not follow and comply with the HIPAA Privacy Rule, the facility and/or the person involved may face fines, civil penalties, or criminal penalties, depending on the severity of the situation. AMA, n.d.). By making approaches that go with the law and guaranteeing that the staff is appropriately prepared, then, at that point, medical care offices can guarantee that they are complying with the guidelines.
Accreditation and Regulatory Agencies’ Role in HIPAA Privacy Rule
The HIPAA Privacy Rule is governed by the same federal agency that oversees HIPAA because it is a component of the entire HIPAA law. The Branch of Well-being and Human Administrations for Social Equality (OCR) is the government organization that directs all parts of the HIPPA regulation with the target of safeguarding well-being data. OCR has the ability to research HIPAA infringement grievances and to give common punishments for situations in which covered substances are seen as liable. Additionally, the states-general attorney has the authority to assist the OCR in prosecuting individuals who violate HIPAA regulations. Journal of HIPAA, 2022). The OCR and state general attorneys can work together to ensure that healthcare facilities comply with HIPAA and safeguard patients’ protected health information.
The HIPAA Privacy Rule significantly affects the healthcare industry and the security of patients’ personal health information. It ensures that the protected health information of a patient is not shared with anyone without the patient’s consent. The HIPAA Privacy Rule can be enforced and complied with by healthcare facilities with the assistance of the OCR and state general attorneys. In conclusion, the HIPAA Privacy Rule ensures that healthcare facilities do not share protected health information without patients’ consent and grants patients control over their protected health information. HCS 430 Week 4 Laws and Regulations in Health Care.
AMA. (n.d.). HIPAA violations & enforcement.
CDC. (2022). Health Insurance Portability and Accountability Act of 1996 (HIPAA).
HIPAA Journal. (2022). What federal department regulates HIPAA?
Office for Civil Rights (OCR). (2022). Summary of the HIPAA Privacy Rule.
Office for Civil Rights (OCR). (2022). The HIPAA Privacy Rule.