Patient Bill Of Rights: A Case Study
HUMAN
RESOURCE
PRESENTATION
Desiree Freeland, Dwyn Francis, Georgina Fernandez, Jennifer Kline, Jessica
Gorham
July 06, 2015
Introduction
Past, Present, & Future Legal Issues
◦State and federal statutory and regulatory enactments ◦Current and future trends of physician trends and rights
◦Legal and ethical obligations related to documentation, retention, storage, and use of medical records.
State and federal statutory and regulatory enactments for Patients Rights
◦ Patients each have rights through both state and federal laws
◦ Each Patient has rights
◦ Health Care organizations have a Patient Bill of Rights
Current Principles for patient
Consent and Implications
◦ Informed Consent Laws
Patient signs agreement
Patient is informed
of risks, alternative procedures, and purpose of treatment
Family member can make a decision of the patient is incapacitate
◦ Implications
The hospital could have legal implications if patient doesn’t consent
Assault and Battery
Future Trends In Healthcare
◦The Advancing
Technology
◦Lower Cost of
Healthcare Plans
◦Improve Quality
Care
◦Healthier Patients
Components & Implications of HIPPA
HIPPA has four primary components:
1. Standardization of Transactions and Code Sets
2. Privacy of Health Information
3. Security of Health Information
4. National Provider Identifiers
Implications of the HIPPA law:
5.Applies to most health care providers
6.Sets protection for all identifiable health information
7.Limits the use and disclosure of health information by covered entities
8.Gives individuals rights with respect to their private health information 9.Imposes administrative requirements
10.
Establishes civil penalties
Brief Summary of Current Trends for
Statutory, Regulatory, and Common Law
Requirements of Confidentiality
◦ Privacy Act (1974): recognizes legal status of records in possession of federal government and delivers rights individuals have with respect to their records.
◦ Health Insurance Portability and Accountability Act (HIPAA): provides consumers with important privacy rights and protection with respect to their health information.
◦ Medical Record Number
◦ More verification
◦ Electronic Medical Records
◦ Electronic Prescriptions
Brief Summary of Future Trends for
Statutory, Regulatory, and Common
Law Requirements of Confidentiality
◦ Ease of transmission
◦ Telemedicine
◦ Cloud Storage- requires certification to access.
Legal and Ethical obligations to documentation, retention, storage and use of medical records
◦ HIPAA
◦ HITECH Act (2009) to promote adoption and meaningful use of health information technology. ◦ Recovery Act: o Storage o Documentation o Retention o Uses
Obligations continued:
Affordable Care Act:
View records at home
Reduce errors and financial expenditure
Limitation Act (1980):
Destruction of Records- shredding or incineration
National Health System or health authority- must provide safeguards against accidental loss or disclosure.
Conclusion
◦Quality care and efficiency leads to healthier happier patients and a more successful organization. Reference
◦ Dimond, B. (2006). Legal aspects of documentation, storage, destruction and retention of records. http://www.ncqa.org. Retrieved from google.com www.hhs.gov/ocr/hipaa/understanding.special/mhguidance.html. Retrieved from google.com.
◦ Informed Consent Law. (2015). Retrieved from http://www.hg.org/informed-consent-law.html ◦ Legal Implications in Medical care . (2015). Retrieved from http://medical.tpub.com/14295/css/14295_416.htm ◦ Patient Rights . (2014). Retrieved from
http://www.nlm.nih.gov/medlineplus/patientrights.html
RESOURCE
PRESENTATION
Desiree Freeland, Dwyn Francis, Georgina Fernandez, Jennifer Kline, Jessica
Gorham
July 06, 2015
Introduction
Past, Present, & Future Legal Issues
◦State and federal statutory and regulatory enactments ◦Current and future trends of physician trends and rights
◦Legal and ethical obligations related to documentation, retention, storage, and use of medical records.
State and federal statutory and regulatory enactments for Patients Rights
◦ Patients each have rights through both state and federal laws
◦ Each Patient has rights
◦ Health Care organizations have a Patient Bill of Rights
Current Principles for patient
Consent and Implications
◦ Informed Consent Laws
Patient signs agreement
Patient is informed
of risks, alternative procedures, and purpose of treatment
Family member can make a decision of the patient is incapacitate
◦ Implications
The hospital could have legal implications if patient doesn’t consent
Assault and Battery
Future Trends In Healthcare
◦The Advancing
Technology
◦Lower Cost of
Healthcare Plans
◦Improve Quality
Care
◦Healthier Patients
Components & Implications of HIPPA
HIPPA has four primary components:
1. Standardization of Transactions and Code Sets
2. Privacy of Health Information
3. Security of Health Information
4. National Provider Identifiers
Implications of the HIPPA law:
5.Applies to most health care providers
6.Sets protection for all identifiable health information
7.Limits the use and disclosure of health information by covered entities
8.Gives individuals rights with respect to their private health information 9.Imposes administrative requirements
10.
Establishes civil penalties
Brief Summary of Current Trends for
Statutory, Regulatory, and Common Law
Requirements of Confidentiality
◦ Privacy Act (1974): recognizes legal status of records in possession of federal government and delivers rights individuals have with respect to their records.
◦ Health Insurance Portability and Accountability Act (HIPAA): provides consumers with important privacy rights and protection with respect to their health information.
◦ Medical Record Number
◦ More verification
◦ Electronic Medical Records
◦ Electronic Prescriptions
Brief Summary of Future Trends for
Statutory, Regulatory, and Common
Law Requirements of Confidentiality
◦ Ease of transmission
◦ Telemedicine
◦ Cloud Storage- requires certification to access.
Legal and Ethical obligations to documentation, retention, storage and use of medical records
◦ HIPAA
◦ HITECH Act (2009) to promote adoption and meaningful use of health information technology. ◦ Recovery Act: o Storage o Documentation o Retention o Uses
Obligations continued:
Affordable Care Act:
View records at home
Reduce errors and financial expenditure
Limitation Act (1980):
Destruction of Records- shredding or incineration
National Health System or health authority- must provide safeguards against accidental loss or disclosure.
Conclusion
◦Quality care and efficiency leads to healthier happier patients and a more successful organization. Reference
◦ Dimond, B. (2006). Legal aspects of documentation, storage, destruction and retention of records. http://www.ncqa.org. Retrieved from google.com www.hhs.gov/ocr/hipaa/understanding.special/mhguidance.html. Retrieved from google.com.
◦ Informed Consent Law. (2015). Retrieved from http://www.hg.org/informed-consent-law.html ◦ Legal Implications in Medical care . (2015). Retrieved from http://medical.tpub.com/14295/css/14295_416.htm ◦ Patient Rights . (2014). Retrieved from
http://www.nlm.nih.gov/medlineplus/patientrights.html