Reflection Paper
Introduction
Keeping up with federal healthcare laws is a difficult task, especially for IT individuals because they are more focused on the technical aspect of the healthcare industry. Similarly, coming from a software consulting background where I work with applications that are similar to EHR systems, I am more focused on creating and designing an effective system that is easy to use. Much to my surprise, the knowledge of legal requirements and regulations is vital in the process of creating or enhancing an effective EHR system. Prior to taking this class, I was not aware any legal regulations in the healthcare industry. As a healthcare consumer, I find it interesting to learn how different types of law were created to …show more content…
According to HealthIT.gov (n.d), EHR “is a digital version of a patient’s paper chart. EHRs are real-ti me, patient-centered records that make information available instantly and securely to authorized users.” Naturally, EHRs contain personal and confidential information such as medical history, family history, immunization records, diagnoses, allergies, medications, radiology images, lab results, treatment plans, etc. Thus, they need to be protected by both healthcare providers and the laws. The government has created HIPAA Privacy Rule, state statutes, and licensing regulations at both federal and state levels in which all acts as a legal protection for patients’ EHRs. HIPAA considered EHRs as Protected Health Information (PHI). It requires healthcare providers to inform the patients about their privacy and confidentiality practices, describe their duties concerning PHI protection and disclosures, with whom PHI will be shared, the safeguards in place to protect PHI, inform the patients about their rights to an accounting of any disclosures of PHI, and the right to complain if the patients feel their privacy rights have been violated (McWay, 2016, p. 186-187). Healthcare providers must have written authorizations from the patients prior to releasing or disclosing the records, unless …show more content…
Specialized records are health records “of those patients undergoing treatment for certain illnesses, such as substance abuse or mental illness, or in nonacute care settings, such as the patient’s home, are subject to legal requirements that differ from those of an acute care setting” (McWay, 2016 p. 238). These types of health records contain certain types of information that require specialized handling because they also contain therapeutic mental and emotional information, in addition to the regular medical information. Because the information is being electronically exchanged between several systems and providers, there are always risks of privacy or confidentiality breach and unauthorized disclosures of PHI. The physicians would want the best care for their patients while ensuring the utmost privacy to protecting them from individuals who would potentially discriminate against them based on their health conditions. That is why HIPAA Privacy Law exists to protect normal EHRs, and stricter laws were created to protect each type of these specialized health records. Similar to normal EHRs, patient’s authorization is also required prior to releasing the records in most cases for specialized records. In addition, stricter requirements were added to ensure their confidentiality. For example, a specialized privacy restriction, such as “the fact that the individual is, was, or will be a patient at the facility may not be disclosed absent
Introduction
Keeping up with federal healthcare laws is a difficult task, especially for IT individuals because they are more focused on the technical aspect of the healthcare industry. Similarly, coming from a software consulting background where I work with applications that are similar to EHR systems, I am more focused on creating and designing an effective system that is easy to use. Much to my surprise, the knowledge of legal requirements and regulations is vital in the process of creating or enhancing an effective EHR system. Prior to taking this class, I was not aware any legal regulations in the healthcare industry. As a healthcare consumer, I find it interesting to learn how different types of law were created to …show more content…
According to HealthIT.gov (n.d), EHR “is a digital version of a patient’s paper chart. EHRs are real-ti me, patient-centered records that make information available instantly and securely to authorized users.” Naturally, EHRs contain personal and confidential information such as medical history, family history, immunization records, diagnoses, allergies, medications, radiology images, lab results, treatment plans, etc. Thus, they need to be protected by both healthcare providers and the laws. The government has created HIPAA Privacy Rule, state statutes, and licensing regulations at both federal and state levels in which all acts as a legal protection for patients’ EHRs. HIPAA considered EHRs as Protected Health Information (PHI). It requires healthcare providers to inform the patients about their privacy and confidentiality practices, describe their duties concerning PHI protection and disclosures, with whom PHI will be shared, the safeguards in place to protect PHI, inform the patients about their rights to an accounting of any disclosures of PHI, and the right to complain if the patients feel their privacy rights have been violated (McWay, 2016, p. 186-187). Healthcare providers must have written authorizations from the patients prior to releasing or disclosing the records, unless …show more content…
Specialized records are health records “of those patients undergoing treatment for certain illnesses, such as substance abuse or mental illness, or in nonacute care settings, such as the patient’s home, are subject to legal requirements that differ from those of an acute care setting” (McWay, 2016 p. 238). These types of health records contain certain types of information that require specialized handling because they also contain therapeutic mental and emotional information, in addition to the regular medical information. Because the information is being electronically exchanged between several systems and providers, there are always risks of privacy or confidentiality breach and unauthorized disclosures of PHI. The physicians would want the best care for their patients while ensuring the utmost privacy to protecting them from individuals who would potentially discriminate against them based on their health conditions. That is why HIPAA Privacy Law exists to protect normal EHRs, and stricter laws were created to protect each type of these specialized health records. Similar to normal EHRs, patient’s authorization is also required prior to releasing the records in most cases for specialized records. In addition, stricter requirements were added to ensure their confidentiality. For example, a specialized privacy restriction, such as “the fact that the individual is, was, or will be a patient at the facility may not be disclosed absent