Legal Ethical Responsibilities Health Sciences Ethics Principles Code

Legal & Ethical Responsibilities Health Sciences

Ethics Principles Code of Conduct for right and wrong Values Core of all health care decisions

Current Ethical Dilemmas Is saving a life the most important thing? How do you respect a patient’s decision? Is everyone treated equally? Regardless of race, money or? Is there a place for bias in health care? How do you provide care to the best of your ability?

HIPAA

Privileged Communications Contain all information that the Health Care Team needs Confidential Shared only within Health Care Team Need written permission to release

Health Care Records Privileged communications Belong to the health care provider Patient has the right to their records Acts as a legal record in court

Writing in Health Care Records Black or blue ink Erasures are not allowed No white out Errors should have a single line through them Original writing should still be visible Initial vs. signature ◦ Which Habit of Mind?

Record Safety Must be maintained Kept confidential Shredded for privacy Destroyed

HIPAA Health Insurance Portability and Accountability Act Federal privacy standard to protect medical records and health information Enacted in 1996 Implemented April 2004

Three Purposes Protect the rights of consumers ◦ Providing access to health information ◦ Controlling inappropriate use Improve quality of healthcare ◦ Restoring trust Improve efficiency and effectiveness ◦ National framework for health privacy protection ◦ Outreach and enforcement

What it Does Gives patients more control Sets boundaries on use and release Establishes appropriate safeguards to protect privacy Holds violators accountable Creates balance when public responsibility requires disclosure of data

HIPAA Impact On Patients Access to medical records Notice of privacy practices Limits on use of personal medical information Prohibition on marketing information Allows for stronger state laws to stay in effect Confidential communications Complaints

HIPAA Impact On Providers Written privacy procedures Employee training and privacy office Public responsibilities ◦ Some limited disclosure permitted Equivalent requirements of Government

Outreach and Enforcement Materials are available to explain the rule Seminars are available to clarify rules Enforcement primarily complaint driven

Civil and Criminal Penalties Civil violations ◦ $100 per violation ◦ $25, 000 per year Criminal violations ◦ Range up to $50, 000 and one year in prison ◦ Up to $100, 000 and 5 years for “false pretenses” ◦ Up to $250, 000 and 10 years for intent to sell or use for personal gain or malicious harm

How Does It Impact CAL? Need to be fully compliant of HIPAA regulations in the clinical areas at CAL Students must follow this rule during clinical rotations senior year This impacts all types of records; written, electronic May not give out information on telephone May not discuss private medical information at home

In a Nutshell. . . NO discussion of privileged patient information allowed outside of Health Care Team !!