Preview

The Difference Between Public and Private Laws

Satisfactory Essays
Open Document
Open Document
450 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Difference Between Public and Private Laws
Hit 261-1201B-02
Professor Mignott
Phase 1 DB2
Senteria Ashley

Public laws are any laws conducted by the state and federal laws. These laws are conducted by a branch called legislative. Private laws are a set of rules agreed upon by two parties. Public law and private laws are two totally different things. Private laws can become public laws if a contract or agreement is breached. Public laws have to be followed by everyone within in the state. There are severe consequences if the laws aren’t followed. An example of public laws includes criminal laws such as murder. Private laws would be signing a contract for a cell phone and you just completely stop paying the bill. This would be a breach of contract and you can get sued. By being sued it becomes a public law. Public laws and private laws are different by are related.

In August 2002, the Department of Health and Human Services (HHS) issued a rule giving patients certain rights to control their own personal health information. The rule also describes what health workers need to do to protect the privacy of their patients’ health information. The rule, known as the Privacy Rule, is part of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. The Privacy Rule protects patient health information by placing limits on how patient information can be used or disclosed (shared with others). The rule applies to any health care workers who send patient health information to others electronically. (Thomas P. Christensen). The only time its ok for a health information management technician to share information is in legal situations such as a subpoena I served. Another exception is if the patient gives permission to do so.
When medical records get involved in the legal aspect of things, it’s usually by a lawyer. A few examples of a lawyer needing medical records would include social security, domestic violence case, divorce cases, worker’s comp claims and civil cases. To receive social



References: * Leo Kreuzweir,(September 2009) retrieved from: http://voices.yahoo.com/differences-between-public-private-law-civil-4548389.html * Thomas P. Christensen Retrieved from: http://www.cedrugstorenews.com/userapp//lessons/page_view_ui.cfm?lessonuid=&pageid=5B50467215715CC5C40011755313978E

You May Also Find These Documents Helpful

  • Good Essays

    The HIPAA Privacy and Security Rules benefit and support the integrity of the healthcare industry, patients, and physicians by supplying the patient with the Notice of Privacy Practices before care is administered. It gives the patient all the pertinent information on how the information in their medical records will be used and shared along with the rights they have to the record. If there are any questions or if the patient feels like the confidentiality of their protected health information has been breached; there is a number contained in the notice for the patient to pose a formal complaint with the Office for Civil Rights (OCR). Also, by allowing patient access to their medical records to confirm the accuracy of the record and revise…

    • 309 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Hsm310 Hipaa Assignment

    • 893 Words
    • 4 Pages

    | HIPAA Rules(1)Privacy Rules: According to the U.S Department of Health and Human Services (HHS), the HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically. It’s important because the Rule requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. This rule impacts the staff by: Not sharing the information with others who have no need to know, including co-workers, family members or friends, minimizing opportunities for patient information to be overheard by others, never sharing passwords, disposing of information containing PHI properly such as shredding paper files(2)Security Rules: The HIPAA Security Rule establishes national standards to protect individuals’ electronic personal health information that is created, received, used, or maintained by a covered entity. The Security Rule is important because it requires appropriate administrative, physical and technical safeguards to ensure the confidentiality, integrity, and security of electronic protected health information. It impacts the organization by forcing the healthcare industry to adopt uniform electronic transaction standards for…

    • 893 Words
    • 4 Pages
    Satisfactory Essays
  • Satisfactory Essays

    The HIPAA Privacy Rule gives the patient’s rights to all information documented concerning them. Whether on paper or electronic, the patient have the rights to their medical records, get correction made if any mistakes are found, informed if the doctor use or give his/her information to anyone, to see where they contact you, and to complain if needed to OCR website www.hhs.gov/ocr.…

    • 391 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    The awareness or degree of the security and privacy for patient’s health information varies from how to use or share health information, parameters, job position influences, the leadership interpretation, and implementing costs. The professionalism of the HIPPA security and privacy requires the formal education and proper training to ensure that the person entering this type of workforce can have ongoing accountability for the security and privacy to protect health information. The standards for HIPPA’s security and privacy rules address specific training requirements so professionalism responsibility is an absolute after receiving proper training. The requirements for the high-level training are crucial because of the cost and ongoing requirements and responsibilities of the workers. The professional responsibilities of the job demands ongoing training in which the workers are constantly up-to-date with documentations and responsibilities required by each…

    • 743 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Hrm/531 Week 1

    • 2047 Words
    • 9 Pages

    Training sessions will be organized for all employees at least once a year to refresh their knowledge of privacy and security in compliance to with Health Insurance Portability and Accountability Act (HIPAA) rules. HIPAA Privacy and Security Rule set a national standard for the security and privacy of electronic protected health information; and the confidentiality provisions of the Patient Safety Rule. The US Department of Health and Human Services (2010) stated, “the Rule requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization” (¶…

    • 2047 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    Hipaa Summary

    • 1389 Words
    • 5 Pages

    According to Health and Human Services, the privacy rule also requires physicians, hospitals, insurers, and other health care entities to use and disclose only the minimum amount of information needed to complete the transaction or fulfill the request. As a practical matter, for example, that means a physician should not send a patient's entire medical file to an insurer if just one page from the record will suffice to answer the insurer's query…

    • 1389 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    As of today there are issues with the information technology systems, clinical data management systems and the increasing automation of the electronic medical records. All of these present a significant amount of patient privacy and confidentiality issues. When we say confidential, meaning in healthcare we are talking about the protection of a patient’s medical information and keeping their medical information private and safe from any third parties. Administrators are expected to follow the HIPAA Privacy Rule. The HIPAA protects the privacy of patient’s medical information. Patient’s medical records are sensitive personal information that is covered with privacy. There are several ethical…

    • 585 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Examples of third parties that will need authorization to access patient information are patient’s employer, attorney, insurance company, or even a member of the patient’s family (unless the member has been appointed as a durable power of attorney for health care). In some cases, third party may be able to access the patient information even without the authorization. Examples are accredited and licensed agencies and a court may “grant access to patient records in a lawsuit upon a finding of good cause” (McWay,…

    • 583 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    HIPAA Privacy Analysis

    • 170 Words
    • 1 Page

    Patient care has been vulnerable by HIPAA; healthcare providers cannot easily share patient’s information. Each patient or power of attorney must give implied permission for a healthcare provider to share any personal information. Deprived of not being able to share patient information between providers, it takes longer time to get critical information that can affect patient care. Healthcare organizations faces supplementary legal costs if they violate HIPAA privacy provisions. These costs make many organizations careful of sharing a patient information, even if the patient has given permission for information sharing, so that’s why everything has to be documented, initial, and signed.…

    • 170 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Hcs 483 Wk1Dq1 2

    • 457 Words
    • 2 Pages

    Prior to the enactment of the Health Insurance Portability and Accountability Act (HIPPA) health information was able to be shared without the knowledge or permission of the patient. This information was available to just about anyone including insurance agencies, places of employment and even loan lenders. People would potentially use individuals’ health information to deny them work or a loan for their home and even impacting higher insurance rates or denial of coverage. According to U.S. Department of Health and Human Services (n.d.), “The Privacy Rule establishes a Federal floor of safeguards to protect the confidentiality of medical information. State laws which provide stronger privacy protections will continue to apply over and above the new Federal privacy standards.” (para. 1). Also, as medical records continue to move entirely to the new standard of electronic records it is important to have one standard across the country to protect everyone’s information. Electronic health records (EHR) make it easier than ever to accidentally share medical information, to include having it stolen. Medical providers are just as likely to face consequence if their facility is broken in to and the hard drive with patients information is stolen as they would be if they gave the information away themselves. In general HIPPA protects patients’ information as well as their right to be treated equally.…

    • 457 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    When it comes to privacy it has become a major concern to both patients and the medical staff. HIPAA and privacy rules help to protect the patient’s privacy. “The HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically (2003).” Over time many studies have been conducted that shows that patient want to be in control over who can access their information. The privacy of patients has increased over the years with many different ways to keep personal information private.…

    • 1058 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Patient privacy has been a major issue within the healthcare field for many years. With the increasing use of medical information technology more and more people are being authorized to view patient health information. Not only do physicians and nurses have access; but this has broadened to include allied health professionals, billing specialists, quality assurance employees, social workers, medical records technicians etc... (Pendrak & Ericon, 1998). All of these healthcare professionals have a duty to take any steps necessary to protect the patient 's right to privacy when it comes to their health information.…

    • 1410 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    It once was that people could feel confident sharing their private information with their doctors. This was because all of our private information was put in a file and locked up in a cabinet at our doctor’s office. However that is not the picture of privacy any more. Companies across the world have advanced in their filing systems and most have converted to electronic program filing. So now individual’s private medical information can be viewed by hundreds of people working in medical departments and by business associated to the medical field. According to PRC (2010), “The Health Insurance Portability and Accountability Act (HIPAA) was passed by Congress in 1996 to set a national standard for electronic transfers of health data. The Privacy Rule was effective on April 14, 2003, for most health care providers, health plans, and health care clearinghouses. Small plans had until April 14, 2004 to comply” (Medical Privacy in the Electronic Age, para. 3). My intention is to inform individuals of when covered entities may release protected health information only with a patient’s consent and when they may release it without consent, for government agencies, legal agencies or representatives, and research groups.…

    • 806 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The three broad objectives HIPAA privacy standards were designed to accomplish are; define and limit the circumstances in which individuals use and disclose patient health information, establish individual rights regarding patient health information, and require protected individuals to adopt administrative safeguards to protect the confidentiality and privacy of patient healthcare information (Cleverley, pg.95). The HIPAA Privacy Standards prohibit covered entities from using or disclosing individually identifiable health information that is or has been transmitted or maintained electronically. This requirement isn’t limited to the record in which the information appears but applies to the actual information itself. Any information that has been transmitted by email, fax, telephone, or any other…

    • 995 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    the organization. Disclosing is defined as releasing, transferring, provision of access and divulging in any…

    • 611 Words
    • 3 Pages
    Satisfactory Essays