Legal and ethical issues.

 

Go to the American Nurses Association website and find an article there about ethics and/or legal issues that interest you. Then, read and cite one of these articles in your discussion. Post your initial discussion post by Wednesday, and two response posts by Friday.

Items to include in this discussion:

  1. Discuss the pros and cons of your chosen legal or ethical issue.
  2. Give examples of possible scenarios to support both sides of the issue.
  3. Include current HIPAA regulations in your discussion.

KEY TAKEAWAYS BEFORE ATTEMPTING THIS ASSIGNMENT

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that provides strict guidelines for protecting patient privacy and medical records. In this essay, I will discuss the pros and cons of patient privacy rights under HIPAA regulations, examine the benefits and drawbacks of allowing access to patient medical records, and analyze the advantages and disadvantages of enforcing HIPAA regulations in healthcare settings. To illustrate these points, I will provide examples of possible scenarios, as well as cite relevant current HIPAA regulations
The Health Insurance Portability and Accountability Act (HIPAA) of 1996 was established to help ensure the privacy and security of health information and to give patients more control over their healthcare data. The regulations set forth by HIPAA have both pros and cons when it comes to patient privacy rights. On the positive side, HIPAA regulations guarantee that patient health information is kept confidential and secure, and it also gives patients the right to access their health information and to have it corrected if necessary. This can help build trust between patients and healthcare providers and help ensure that patients are receiving the best quality of care. On the other hand, HIPAA regulations can be restrictive and limit the way healthcare providers use and share patient data, which can make it difficult to provide the best care possible. Additionally, HIPAA regulations can be complex and difficult to understand, which can lead to confusion and errors. As Lee and Lee (2008) point out, “The complexity of the HIPAA Privacy Rule has made it difficult for healthcare practitioners to understand and implement its various requirements.” Therefore, it is important for healthcare providers to become knowledgeable about HIPAA regulations in order to ensure that patient privacy rights are being respected and that the best care is being provided.
Allowing access to patient medical records has both benefits and drawbacks that need to be considered. According to N Menachemi and TH Collum in their 2011 paper, Risk Management and Healthcare Quality, the benefits of allowing access to patient medical records include helping to improve the quality of healthcare. For instance, having patient medical records available electronically can help to improve communication between healthcare providers and help to reduce medical errors. This can lead to improved patient care and safer medical treatments. Furthermore, allowing access to patient medical records can help to reduce costs associated with medical care by increasing efficiency and accuracy of treatments. On the other hand, there are also drawbacks to allowing access to patient medical records. One of the primary drawbacks is the risk of a breach of patient privacy. Patients may be reluctant to share their health information with healthcare providers if they are afraid of having it stolen or misused. Additionally, allowing access to patient medical records can create a situation in which the healthcare provider has access to too much information about the patient. This can lead to a situation in which the patient may be treated differently based on their medical records, which is unethical. In conclusion, allowing access to patient medical records can be beneficial in terms of improving the quality of healthcare, reducing medical errors, and reducing costs. However, there are also risks associated with allowing access to patient medical records, such as the potential risk of a privacy breach and the potential for the unethical use of information. Therefore, it is important to consider both the benefits and drawbacks of allowing access to patient medical records before implementing such a policy.
The Health Insurance Portability and Accountability Act (HIPAA) of 1996 was established to protect the privacy of personal health data. Since then, the enforcement of HIPAA regulations in healthcare settings has been a controversial topic. On one hand, HIPAA regulations have provided numerous advantages in healthcare settings. For example, Watzlaf et al. (2011) found that HIPAA regulations have improved the accuracy of patient records, ensured the privacy of protected health information (PHI) and created a secure environment for the exchange of PHI. Furthermore, HIPAA regulations have also helped to protect the safety of patients by providing them with a secure system for communicating confidential information. On the other hand, there are also some disadvantages associated with enforcing HIPAA regulations in healthcare settings. For instance, HIPAA regulations can be difficult to understand, which can lead to implementation issues. Additionally, HIPAA regulations can also be expensive to enforce, often requiring organizations to invest in compliance solutions to ensure that they remain compliant. Moreover, HIPAA regulations can also be a source of frustration for healthcare providers, who may feel limited in the ways in which they can use PHI. Despite these disadvantages, it is important to note that enforcing HIPAA regulations in healthcare settings provides numerous benefits that outweigh the potential drawbacks. Ultimately, enforcing HIPAA regulations in healthcare settings is necessary to ensure that patient data remains secure.
In conclusion, the pros and cons of the chosen legal or ethical issue can be complex to analyze due to the consequences of not abiding by current HIPAA regulations. With the proper education and research, scenarios and implications can be better understood in order to make informed choices. Furthermore, individuals wishing to exercise their rights must also be aware of the potential penalities for not adhering to current HIPAA regulations or potential legal and ethical violations. Therefore, making informed choices about legal or ethical issues should be done with caution and respect for both parties involved.
Work Cited
WB Lee.”A cryptographic key management solution for HIPAA privacy/security regulations.”https://ieeexplore.ieee.org/abstract/document/4358910/
N Menachemi., TH Collum.”Benefits and drawbacks of electronic health record systems.”https://www.tandfonline.com/doi/abs/10.2147/RMHP.S12985
“VOIP for telerehabilitation: A risk analysis for privacy, security and HIPAA compliance: Part II.”https://www.ncbi.nlm.nih.gov/pmc/articles
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