Legal Issues in Health Care: Regulation and Compliance Essay Example
Legal Issues in Health Care: Regulation and Compliance Essay Example

Legal Issues in Health Care: Regulation and Compliance Essay Example

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Letzring & Snow (2011, Para. 1) suggest that keeping patient information secure and private can be difficult for mental health professionals who use electronic systems in healthcare industries. However, it is crucial for all areas of healthcare to comprehend HIPAA regulations and address these concerns to safeguard patient data. It is also important to consider social, civil, and criminal laws.

The primary objective of HIPAA is to safeguard patients' privacy rights in healthcare and uphold the confidentiality of their health information, thereby enhancing the quality of care. Previously, patients have avoided seeking medical help due to anxiety about personal data being exposed or misused, resulting in shame and abuse. Therefore, creating a safe space for patients within the healthcare sector is essential.

To enhance care, it is crucial to establish trust between healthcare providers and patients. This encourages patients

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to share personal information with their provider when they have faith in them. Additionally, HIPAA safeguards not only individual patients but also society by ensuring that patient health information remains confidential and is not used to cause embarrassment or harm. This is particularly important for conditions that are socially stigmatized, as fear of criticism may prevent patients from seeking treatment.

Patients may choose not to receive treatment due to their fear of catching a disease, which can lead to the spread of the illness in their community. Prompt medical care can prevent an outbreak. The healthcare industry has prioritized protecting patient privacy, but the use of electronic records has resulted in significant changes in documentation methods. This change has also raised concerns about data breaches, necessitating measures to ensure patient confidentiality is maintained.

The Privacy Rule, which was introduced in

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2001, is a regulation established by the Health Insurance Portability and Accountability Act (HIPAA) in 1996 to set standards. HIPAA is a federal law that requires every healthcare organization to comply with it and patients are typically more aware of its privacy aspect.

Congress mandated healthcare providers to enhance patient awareness of their rights when HIPAA was enacted due to widespread lack of knowledge among patients and inadequate communication from healthcare organizations. The aim of the Health Insurance Portability and Accountability Act was to set forth principles and criteria for its implementation. Striking a balance between quality healthcare and safeguarding patient privacy has been a complex issue that required clarification at times.

In accordance with Granger's (2006) explanation, the purpose of HIPAA is to safeguard private information, including medical records, addresses, healthcare particulars, and physical or mental health-related information. The key objective is to restrict the release and demands for data in three essential classifications: treatment-mandatory details, payment-mandatory particulars, and healthcare performance-mandatory specifics.

The main goal of HIPAA is to provide patients with confidence during healthcare services, as violating the law could lead to significant consequences or legal action. Patient data can be disclosed directly to patients themselves, at the request of medical professionals, or in authorized emergency situations (Granger, 2006). It is crucial to understand the fundamental principles, history and function of this legislation despite technological progress.

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