Administrative Ethical Issues In The Health Care Industry
Administrative Ethics Paper
Carolina Mendoza
HCS/335
4/13/2015
Robert Vella
Administrative Ethics Paper There are many issues that trouble the health care industry. The technological revolution that has been taking place the last 20 years has not only taken the healthcare industry by storm, and revolutionized it, but it also has made it take a closer look at its privacy laws. “Patient’s rights are those basic rule of conduct between patient and medical care givers as well as institutions and people that support them” (Davis 2013).Being able to provide patient confidentiality is essential and crucial in establishing a long lasting relationship with patients. In this essay I will explain the importance of that bond and what happens when that …show more content…
bond is threatened.
Patient Rights In an article written by Davis “Patient’s rights can be extensive and exist between patients, any medical caregiver, hospitals, laboratories, and insurers, and even secretarial help and housekeepers that may have access to patients or their medical records.” (Davis 2013). According what is written in the article anyone can have access medical data. That is why there are ethical and legal responsibilities to help keep patients health information private and confidential. HIPPA as well as privacy laws are in place to limit the free exchange of personal information. They “protect health information. Complete compliance with HIPPA guidelines requires implementation of basic and advanced measures. Basic security includes benchmark based password creation and use, personnel education and training. Limited access through PHI data encryption, use of firewalls, antivirus software and digital signature” (HIPPA.com). The question posed is how much accessibility should an employee actually have? Who will limit the information being exchanged? These are several questions that should be asked and understood when trying to protect patient information. In one of the articles I found, an employee of one of the biggest hospital systems here in Texas “Inappropriately accessed confidential information of more than 10,000 patients in a period of 6 ½ years” (Ackerman 2014). This was the biggest breach the hospital had suffered. The hospital discovered that the employee had accessed patient information that included but was not limited to “medical records, health insurance, and in some cases social security numbers.” (Ackerman 2014). The hospital immediately launched an investigation, suspended the employee’s access to the records and terminated him. I believe this is a very serious matter that should be punishable by law. This employee’s incompetence could have caused vast devastation to many patients, making them loose trust in the hospital system and their ability to keep their information safe. Also the many fees and fines the hospital could be responsible for, up to 1.5 million for every calendar year the breach occurred. This would be enough to bankrupt any hospital and cause it close its doors, and cause massive layoffs just to pay a lawsuit.
Privacy Issues Although there are laws and privacy bills put in place to protect the patient, there are many issues that have derived from it.
The drastic change to electronic data has cut hospital costs, yet has made it easier to access patient’s data with a click of a button. The department of health and human services serves as the major enforcer of HIPPA violations. Other centers such as Medicare and Medicaid enforce security code. Rick Kam expressed his concerns when he stated that the issues facing patient privacy were the legislative gaps, lack of trust, and lack of patient’s control. “With paper record’s, control was rarely an issue, as data exchange was point to point.”(Kam 2012). Although technology has improved and expanded the healthcare field far beyond it was ever imaginable. It has brought about many issues about patient privacy. Kam goes on to suggest that “the lack of privacy causes bad health outcomes. Millions of people every year avoid treatment because they know health data is not private.” (Kam 2012). I think he has a reason to a certain extent. The problem does not lie on who access the information, but how and what it is used for without the patients consent. There are so many different things people can do with another’s information. Identity theft is a very popular crime that costs Americans billions of dollars annually. In the hospital setting employees can access the patients information in there data base. Searches should be closely monitored and access limited in certain cases and to certain employees. The Health care industry is one that is held up by different standards than other industries. They are not only held up to high moral, and ethical standards but they also assume harsher legal consequences. According to the HIPPA website fines can range anywhere from $100 to hundreds of thousands of dollars. “A privacy rule infraction can be considered criminal and may lead to prosecution by the department of justice if someone deliberately acquires
or discloses a person’s health information, the fine is $50,000 and up to one year in jail.”(HIPPA.com). Even though the consequences for the violations are in place, it is important to teach employees and personnel about HIPPA and what is acceptable. Employers should provide extensive training on patient confidentiality and understand the consequences of those violations. Sometimes just the knowledge of the effects of the violations can stop many infractions from happening in the first place. In conclusion the right to patient privacy and the lengths we go to protect are always changing. As the electronic exchange of data becomes more common and accessible we have the responsibility to preserve patients’ rights and information. Agencies such as Department of Health and Human Services help enforce the rules and regulations so companies are liable for violating the rules. Patient confidentiality has always been a very delicate subject. With emergence of the internet and social media has not only made it really easy to access information, it exposes it in record speeds. The days in which we did manual note taking and mailed test results are just a distant memory. Everything is digital, backed up, stored, and readily accessible. We are now at the age where the information is instant and that misused can cause a great deal of grief. I believe the best way to diminish violations of patient privacy is by educating the employees and emphasizing the consequences of violating the rules.
References:
Top 3 issues facing patient privacy | Government Health IT. (n.d.). Retrieved April 13, 2015, from http://www.govhealthit.com/news/top-3-issues-facing-patient-privacy
Patient Rights: Learn About HIPAA and Other Rules. (n.d.). Retrieved April 13, 2015, from http://www.emedicinehealth.com/patient_rights/article_em.htm
Ackerman,T(August 29, 2014)Memorial Hermann Confidential Patient information accessed. Houston Chronicle. Retrieved from www.chron.com/news/health/article/memorial.
www.Hippa.com
Carolina Mendoza
HCS/335
4/13/2015
Robert Vella
Administrative Ethics Paper There are many issues that trouble the health care industry. The technological revolution that has been taking place the last 20 years has not only taken the healthcare industry by storm, and revolutionized it, but it also has made it take a closer look at its privacy laws. “Patient’s rights are those basic rule of conduct between patient and medical care givers as well as institutions and people that support them” (Davis 2013).Being able to provide patient confidentiality is essential and crucial in establishing a long lasting relationship with patients. In this essay I will explain the importance of that bond and what happens when that …show more content…
bond is threatened.
Patient Rights In an article written by Davis “Patient’s rights can be extensive and exist between patients, any medical caregiver, hospitals, laboratories, and insurers, and even secretarial help and housekeepers that may have access to patients or their medical records.” (Davis 2013). According what is written in the article anyone can have access medical data. That is why there are ethical and legal responsibilities to help keep patients health information private and confidential. HIPPA as well as privacy laws are in place to limit the free exchange of personal information. They “protect health information. Complete compliance with HIPPA guidelines requires implementation of basic and advanced measures. Basic security includes benchmark based password creation and use, personnel education and training. Limited access through PHI data encryption, use of firewalls, antivirus software and digital signature” (HIPPA.com). The question posed is how much accessibility should an employee actually have? Who will limit the information being exchanged? These are several questions that should be asked and understood when trying to protect patient information. In one of the articles I found, an employee of one of the biggest hospital systems here in Texas “Inappropriately accessed confidential information of more than 10,000 patients in a period of 6 ½ years” (Ackerman 2014). This was the biggest breach the hospital had suffered. The hospital discovered that the employee had accessed patient information that included but was not limited to “medical records, health insurance, and in some cases social security numbers.” (Ackerman 2014). The hospital immediately launched an investigation, suspended the employee’s access to the records and terminated him. I believe this is a very serious matter that should be punishable by law. This employee’s incompetence could have caused vast devastation to many patients, making them loose trust in the hospital system and their ability to keep their information safe. Also the many fees and fines the hospital could be responsible for, up to 1.5 million for every calendar year the breach occurred. This would be enough to bankrupt any hospital and cause it close its doors, and cause massive layoffs just to pay a lawsuit.
Privacy Issues Although there are laws and privacy bills put in place to protect the patient, there are many issues that have derived from it.
The drastic change to electronic data has cut hospital costs, yet has made it easier to access patient’s data with a click of a button. The department of health and human services serves as the major enforcer of HIPPA violations. Other centers such as Medicare and Medicaid enforce security code. Rick Kam expressed his concerns when he stated that the issues facing patient privacy were the legislative gaps, lack of trust, and lack of patient’s control. “With paper record’s, control was rarely an issue, as data exchange was point to point.”(Kam 2012). Although technology has improved and expanded the healthcare field far beyond it was ever imaginable. It has brought about many issues about patient privacy. Kam goes on to suggest that “the lack of privacy causes bad health outcomes. Millions of people every year avoid treatment because they know health data is not private.” (Kam 2012). I think he has a reason to a certain extent. The problem does not lie on who access the information, but how and what it is used for without the patients consent. There are so many different things people can do with another’s information. Identity theft is a very popular crime that costs Americans billions of dollars annually. In the hospital setting employees can access the patients information in there data base. Searches should be closely monitored and access limited in certain cases and to certain employees. The Health care industry is one that is held up by different standards than other industries. They are not only held up to high moral, and ethical standards but they also assume harsher legal consequences. According to the HIPPA website fines can range anywhere from $100 to hundreds of thousands of dollars. “A privacy rule infraction can be considered criminal and may lead to prosecution by the department of justice if someone deliberately acquires
or discloses a person’s health information, the fine is $50,000 and up to one year in jail.”(HIPPA.com). Even though the consequences for the violations are in place, it is important to teach employees and personnel about HIPPA and what is acceptable. Employers should provide extensive training on patient confidentiality and understand the consequences of those violations. Sometimes just the knowledge of the effects of the violations can stop many infractions from happening in the first place. In conclusion the right to patient privacy and the lengths we go to protect are always changing. As the electronic exchange of data becomes more common and accessible we have the responsibility to preserve patients’ rights and information. Agencies such as Department of Health and Human Services help enforce the rules and regulations so companies are liable for violating the rules. Patient confidentiality has always been a very delicate subject. With emergence of the internet and social media has not only made it really easy to access information, it exposes it in record speeds. The days in which we did manual note taking and mailed test results are just a distant memory. Everything is digital, backed up, stored, and readily accessible. We are now at the age where the information is instant and that misused can cause a great deal of grief. I believe the best way to diminish violations of patient privacy is by educating the employees and emphasizing the consequences of violating the rules.
References:
Top 3 issues facing patient privacy | Government Health IT. (n.d.). Retrieved April 13, 2015, from http://www.govhealthit.com/news/top-3-issues-facing-patient-privacy
Patient Rights: Learn About HIPAA and Other Rules. (n.d.). Retrieved April 13, 2015, from http://www.emedicinehealth.com/patient_rights/article_em.htm
Ackerman,T(August 29, 2014)Memorial Hermann Confidential Patient information accessed. Houston Chronicle. Retrieved from www.chron.com/news/health/article/memorial.
www.Hippa.com