Question

From The Law of Healthcare Administration 8th Edition (2012) by Showalter - Chapter 15

1. Describe the nuances of the terms medical records and health information. Why does HIPAA use the latter term?

2. When might a patient’s favorite color or high school alma mater be considered health information?

3. Describe some circumstances in which confidential health information may be disclosed without the patient’s consent.

4. What is the proper way to make changes to a written health record?

5. Who owns physical health records, X-ray photography, and other items containing health information?

6. How can the inability to predict dangerousness be reconciled with the emotional issue of registering convicted sex offenders and preventing them from living in proximity to schools and other places that children frequent?

7. Describe the provisions of the HITECH Act and the Red Flags Rule and how they affect healthcare operations.

Answer 1

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Describe the nuances of the terms medical records and health information. Why does HIPAA use the latter term?

Medical records on the other hand are usually very specific. It has several categories of definitionbased on HIPAA interpretations. Medical record is any information, or even an opinion, regarding the health status of a person or the disability of an individual at a particular time. It as well includes – or might as well include, in addition to the information already given – an individuals expressed wishes about their future provision of health services to them.

It also stretches out to wellbeing administrations gave to a man. Data gathered with respect to gift of bodyparts and organs also is incorporated into restorative records as is hereditary data which would be valuable in predicating the soundness of the individual or a person's hereditary relative. Physical, mental and mental soundness of an individual is too utilized in characterizing restorative records. Unmistakably, restorative records are exceptionally selective to patients or people and their wellbeing records. This suggests the documents and the electronic gadgets and also the faculty included are not a piece of the therapeutic records but rather are a piece of wellbeing data.

HIPAA uses the latter term because it is more comprehensive and helps to put individuals and personnel’s more accountable, more responsive and more respo0nsible of the information they provide and keep/store, gather, analyze and/or give out. This aides in upgrading security and classification of patients' data.

When might a patient’s favorite color or high school alma mater be considered health information?

There are 18 indications that have to be scrubbed from the protected health information before it can be considered de-identified. A patient’s favorite color or high school alma mater can be considered health information if the rest of the data contains enough details to help identify an individual.

Describe some circumstances in which confidential health information may be disclosed without the patient’s consent.

The circumstance under which we can disclose the confidential health information without patient's consent are as below:-

• Patient cannot take medical decision himself due to trauma. Then Doctor can discuss health information with next of Kin so that he/she can take decision for the patient
• Disclosures required by Government: Some diseases must be reported to government so that government can track the overall nations health. In this cases, only the data points requested by law or government needs to be oly discloses. Rest of the data needs to be still private.
• Disclosures reuired by Law: If disclosure is warranted by law for criminal or other investigation of the patient or patient has filed a claim in court of law for compensation, then doctor can disclose the information for prosecution/defense as well as during cross-examination
• Prevention of communicable diseases: The doctor can disclose those disesases which can spread to health workers who are involved with patient. This is allowed as this can warn the workers to take precaution and thus prevent the begenning of any epidemics.
• If there is any violence (knife wound or gunshot) reported on admitted patient, doctor has to report the injury and the details arounf to it to the law enforcement. The patients consent is not needed.

In most of the states, Ownership of medical record is with physician and hospitals. In new Hampshire, the records are owned by patient as per law. Rest of the states, there is no specific law on the ownership.

What is the proper way to make changes to a written health record?

Erasing medical records is not permitted. The proper way to make changes is by:

• Drawing a line through the error in a way that the original text is legible.
• Describe the reason for the change
• Record the date of the corrected entry
• Authenticate it as with any other entries

Who owns physical health records, X-ray photography, and other items containing health information?

Health related records are maintained by the documentation section of the health care provider as per the guidelines of HIPAA so that the privacy of individuals is protected. It can be a physical storage of records as an individual file or it can be converted into electronic record that can be shared upon request by the patient or the relatives of the patient on request after necessary formalities.It means that person willing to obtain the copies of his/her record should ask the concerned health care providers with reference number / ID / unique No. with clearly stated requirement and form of records (physical / electronic). Accordingly, concerned documentation function / department will provide a copy of health record to the patient after necessary paperwork / formalities.

How can the inability to predict dangerousness be reconciled with the emotional issue of registering convicted sex offenders and preventing them from living in proximity to schools and other places that children frequent?

It is an imperative that sex offenders are not only registered at the place of conviction, but are also registered at their place of work, living/stay. It is of utmost importance that the registering of the sex offenders is especially given considerable amount of attention if and when they happen to be rehabilitated or staying nearby a locality that happens to harbor a lot of children.If there is a certain amount of leeway that is provided to the sexual offender, without rightful details and registration, it can backfire as well. It is an onus that the jurisdiction and the society try to practice safety and prevention as opposed to cure, which should be the last resort in cases of individuals with history of sexual abuse.

Describe the provisions of the HITECH Act and the Red Flags Rule and how they affect healthcare operations.

HITECH Act strengthen the rules meant to protect the privacy as well as the security of health-related information. The Act is meant to encourage health practitioners and people in healthcare industry to make better use of health information technology. Through this act, electronic health records is inter-operable and also health providers can share electronic data thus a smoth running of health care perations.The Red Flags Rule entails that organizations like health institutions come up with a written program to spot the warning signs of identity theft whereby a person seeks health care using another person's name or insurance information. Red flags impacts negatively on health care operations in that the insurances ends up paying vast amounts of money that should otherwise not have paid.

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