Hippa Violations Analysis

How HIPPA Violations Affect the Medical Billing Process

Human Immunodeficiency Virus (HIV) is the virus that causes Acquired Immunodeficiency Syndrome referred to as AIDS (Public Health Agency of Canada, 2010). Left untreated, HIV can damage the immune system that can lead to AIDS. When the initial diagnosis becomes established the patient has many adjustments to overcome. Feelings of shame, guilt, denial, depression, fear, anger and shock are the beginning of the ramifications one must face with HIV and AIDS. Other ramifications include social, legal, and ethical issues. Whereas a diagnosis of HIV does not mean that the patient has AIDS, a diagnosis does mean that the patient will be thrust into an overwhelming state of emotion and
not knowing what to do next. Most people have a misconception regarding HIV and AIDS yet the disease is a pandemic issue that must be addressed.
In the modern society of present-day most are unafraid of war and crisis partly because war and crisis are easier to understand than HIV. With the information available today the public is still afraid to embrace the problem and stand for the fight against the disease and the discriminations involved with the infected. Society in general is a discriminative society. The social repercussions of HIV are astounding. The HIV patient is prone to social isolation and discrimination consistent throughout society. Most people view the HIV patient with stigmatized eyes as a deviant part of society. One must be a drug addict, gay, or lady of the night to contract such an evil disease. With various explanations available the public does not want to understand what the public fears. Therefore, the patient subjected receives insurmountable areas of pain and
abuse. A person who has the HIV virus may appear to be in good general health for years. During these years the HIV virus may infect the body’s defense system by attacking the T-cells of the blood. The T-cells are the cells that fight off infection and keep each individual immune from simple germs easily fought off with a healthy immune system. By reducing the T-cell count the immune system can not fight the simple invasive germs that can result in a lower immune system causing AIDS. One can not contract AIDS without acquiring the HIV virus. According to Nemours (2010), the HIV virus gains transmission through direct contact to the blood or from body fluid from someone who already has the HIV virus. Unprotected sex with an infected person, using dirty needle’s, or possibly from the transmission of the virus in vitro from mother to child, are common instances where the virus is conceived. Contrary to the beliefs of many persons in society, HIV is not spread through hugging, sharing a drinking glass, coughing and sneezing, mosquitoes, door knobs, toilet seats, or any casual contact. General education is necessary to inform the public that HIV and AIDS are not for the deviant. In fact, the socially inept are at the most risk. When viewed by ethnicity and race the picture becomes clear that the disease equates with African Americans more than any other ethnic group. The disease is not a discriminating disease. HIV can infect anyone yet the poor in America mainly consist of African Americans. The poor usually face barriers that most Americans do not have to contend with. According to the Center for Disease Control and Prevention (2007), the barriers consist of insufficient medical treatment, a higher rate of sexually transmitted diseases, more illnesses, shorter survival times and more deaths because of lack of medical treatment. Although society may view the HIV patient with stigmatic eyes the medical industry is torn over when to disclose the information and when not to disclose. The first point of the HIV journey often occurs at the time a patient receives testing for the virus. When a patient receives testing for HIV and found positive the shock triggers a plethora of emotion. The patient will often ask why me, what if someone discover the positive status, and how did this happen to me? The emotion is normal but what the patient may discover in the future are the abnormal tendencies of discrimination and possible rejection of treatment. Receiving tests is the first hurdle in the race for life. Once the patient contends with the initial shock he, or she may consider treatment. HIV and AIDS are treatable disease allowing the individual a relatively normal life. Although the stigma will still exist and discrimination is still possible there are laws in effect to help protect the patients from unfair treatment because of their HIV status. Medical Providers are bound by HIPPA law to remain confidential regarding the HIV patient as well as all patients. HIPPA provides federal protection to protect privacy of medical records. The law would encourage the use of electronic medical records to ensure more privacy yet the sharing of medical records between health care providers in an attempt to save lives. HIPPA requires that patients have some knowledge of the use of personal medical records and receive notification in writing of his or her provider’s privacy policy. HIPPA mandates technical requirements that a health care provider, insurer, or service provider, unless exempt under state law must provide. Other areas critical to HIPPA and compliance are to conduct self evaluations to learn what threats are lurking in the records and develop strategies to p5otect the information within all organizations. HIPPA’s purpose is to protect the privacy of the consumer. Information shared between the provider and the patient shall remain private information and not shared with anyone outside the doctor patient role. Often the responsibility of disclosing his or her status remains up to the individual to decide when he or she will reveal the status of being HIV positive. Often the individual has no choice in the declaration because the information leaks out by the provider before the individual can make the decision to come forward. Part of this process is the HIV registry. All providers must report the patient for inclusion in the HIV registry yet there are debates unsure if this follows confidentiality and etiquette.
Established medical ethics require truthfulness, honesty, and integrity. All professional medical organizations have a code of ethics that is to be adhered to by each member of the staff. The codes declared that information regarding patients must not come up for discussion with anyone not directly concerned with the individual. The matter of confidentiality extends to all members of the organization. One’s behavior must remain consistent with the nature and values placed on the
organization. As one would not find fit to receive any type of gift for treatment one should also be aware of the ethical and legal ramifications of disclosing personal and private matters regarding the patient. This line should not be crossed because of an HIV or AIDS diagnosis yet reporting to the registry floats within a thin line of ethical and confidentiality. Legal ramifications exist barring the disclosure of confidential information. The Health Insurance Portability and Accountability Act declared to protect the patient’s privacy by keeping all medical records and other identifiable information completely private. The information requires consideration based on a need to know policy. The Act also allows the patient to have more control and say so over individual medical information. The information remains highly guarded. Only specific circumstances may require the release of personal information. Court orders and subpoenas, victims of crime including neglect and abuse, and to identify any suspects of crime are exceptions to the rule. Leaking information will not equal compliance under any circumstances. Talking among the office employees, carrying information home or to a friend’s home, discussing the information outside the direct means of the provider is highly unethical and illegal. Other areas of breech of contract between the patient and the provider dialing the wrong fax number when transferring medical information. NO excuses mandate such behavior. Filed charges are reality for the person who leaked the information and for the office of the provider. Penalties range from 10 years in prison and up to a $250,000 fine in any wrongful disclosure situation. This is not to say that leaking information does not happen. In regard to the HIV and AIDS patient leaking information can be detrimental to the well being of the patient. Social isolation, job loss, sneers, and executed as an untouchable member of society are at risk. Etiquette within social boundaries including the workplace and the treatment center or office requires common curiously general respect and following the law. Practitioners, nurses, employees, are all bound by the HIPPA law to keep personal and health information private. Duties lie however, for the HIV, and AIDS patients. Many patients do not disclose the virus to perspective sexual partners or significant others. Although the act of disclosing the virus established in 1990 there are many times when the disclosures are only made known through the HIV centers, providers, or the HIV registry. Health care ethics has high regard for the basic rights of human beings, including common personal dignity, are of grave importance. Such sensitive issues as HIV an AIDS requires the vita protection of these rights to the extreme. Health care providers must preserve the rights for the patient and in turn expect the same from the patient. Sensitivity issues regarding AIDS are not only because of the deviant nature of the disease the public contends. Many people raped develop HIV. Many children have no choice at all as well as blood transfusion. As well are rampant increases of AIDS patients in incarceration. Many ways are available to contract the disease. Yet society has dubbed the HIV and AIDS patient as evil. Therefore, it is important to uphold compliance for the patient with sensitive issues. Aside from the social, ethical and legal ramifications of this pandemic, the medical world, the insurance company’s, and the public need to address the twin ailment to bring forth awareness and knowledge about the prevention of the disease and the respect the infected deserves. We must wedge a war against this disease and the legal social and ethical ramifications brought on by ignorance and fear. Confidentiality divided by duty equals incompetence.