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Develop a 7–9-page strategic planning resource packet on the legal aspects of information management and patient records. This assessment focuses on the importance of maintaining complete and accurate records within health care, the ownership of and who can access a patient’s medical records, the advantages and disadvantages of electronic medical records, and why the medical record is an important part of a legal proceeding. Emphasis is also placed on the purpose of the Privacy Act of 1974 and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and how they affect hospital and physician practices.
Read the following scenario and assessment instructions, then conduct a search to find a minimum of five current scholarly or professional credible resources related to the topics of information management and patient records.
Scenario
Imagine that you are a manager for a consulting company that assists U.S. health care organizations in streamlining processes, driving business outcomes, and restructuring their organizations to better prepare for the legal aspects of health care in the United States related to information management and patient records. Your director has asked you to develop a strategic planning resource packet that your firm will use to assist clients in protecting against these concerns.
Instructions
In a 7 page resource packet:
Explain the legal importance of maintaining complete and accurate records and the ownership of and who can access a patient’s medical record.
Describe from a legal perspective the advantages and disadvantages of electronic medical records.
Describe a variety of ways in which medical records have been falsified and the importance of medical records in legal proceedings.
Describe the purpose of the Privacy Act of 1974 and HIPAA and how they affect health care organizations.
Use legal terms and principles to identify key considerations that health care organizations must keep in mind when conducting strategic planning related to information management and patient records.
Be sure to organize your resource packet logically, and use headings and subheadings as appropriate.
Additional Requirements
Your assessment should also meet the following requirements:
Written communication: Should be clear, concise, well organized, and free of errors that detract from the overall message, as expected of a professional management resource.
Length:7 double-spaced pages, excluding cover and reference pages.
APA format: Citations and references should be formatted according to current APA style. Refer to the Supplemental Resources link in the courseroom navigation panel for additional information on APA style and formatting.
Font and font size: Times New Roman, 12 point.
Use the rubric provided below to properly complete this:
-Explains and provides detailed examples of the legal importance of maintaining complete and accurate records and the ownership of who can access a patient’s medical record.
– Describes and provides detailed examples, from a legal perspective, of the advantages and disadvantages of electronic medical records.
-Describes and provides a detailed example of the ways in which medical records have been falsified while elaborating on the importance of medical records in legal proceedings.
-Describes the purpose of the Privacy Act of 1974 and HIPAA and provides a detailed example of how they affect health care organizations.
-Identifies and provides an in-depth discussion with examples on key considerations that health care organizations must keep in mind when conducting strategic planning related to information management and patient records.
-Writes in a manner that is extremely clear and effective, consistent with business practices, scholarly as appropriate, free of grammatical errors, and consistently uses APA style to cite and reference any resources used.
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Legal aspects of healthcare information
Student’s name
Institution affiliation
Date
Legal aspects of Healthcare Information
Understanding the legal aspect of the principles governing health information management is an imperative part of every organizational setup. By so doing, it ensures that the organization adheres to all these policies and evade unnecessary legal implications, Healthcare sector continues to become an information-intensive sector as more and more data is generated daily, with each part of the process being efficiently documented for future reviews. Thus, it is important to understand the legal aspect and ethics represent protecting health care information in the contemporary world (Stimson, 2016). The information includes patients’ medical history documents, clinical findings, operation notes, diagnostic test results and patients’ progress notes, and discharge sheets. Failure to adhere to these provisions of the policies can lead to mandatory structural reshuffle, revoke of practicing license, hefty fines from violations of the provisions, and, in extreme cases, total shut down of the health care facility.
. The medical sector is a very information-intensive practice which requires all-round expertise to in both medically and technologically. It is imperative to in health care to facilitate easy access to patient records for reviews and management. It relies on the documents for evidence to clear medical negligence allegations by patients or family on the legal aspect. In the event of an accusation of negligence, medical evidence comes in handy in acquittal or sentencing of a medical practitioner (Fakhrzad, 2020).additionally, for making health insurance claims, health insurance payment requires evidence from properly kept medical records before disbursement of funds to clear medical expenses.
Advantages and disadvantages of electronic health records
The Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009, initiated for the use of electronic health records (EHRs) means for the storage of medical records. The medical records’ storage is undergoing a massive shift, as most facilities are transitioning from paper to electronic records. Electronic health records have come in handy, especially in the legal systems in different aspects. Herein are a few pros and cons of adopting the electronic health record system in the; litigation process (Alpert, 2016).
Firstly, it has created easy access to medical records. Many facilities have adopted the use of online portals where the data is store chronologically; thus, it is easy to retrieve when need be especially for use in the legal system. Secondly, the electronic records have reduced the bulk in documentation necessary for court hearings; this makes it less difficult to review the data, unlike perusing through bulk paperwork at this moment information may be lost on the process. Thirdly, electronic records help capture more that would otherwise have been ignored by paperwork to save on time (Alpert, 2016). This detailed information has helped exonerate medical practitioners if they are sued for negligence by the patients or their families. Lastly, electronic records are a more secure mode of storage of evidence and are not highly susceptible to be lost or damaged when necessary precautionary measures are taken; thus, information form years back can be retrieved in a few minutes rather than sorting out through bulk documentation.
However, the use of electronic health records storage systems is not without a share of challenges that could affect its use in the litigation process. Firstly, electronic health records systems have a potential risk of privacy breach due to the increase in health information dissemination and exchange electronically. The privacy breach which leads to legal implications, thus costing the in compensations. Secondly, in the event of HIPPA violations following the improper training on the guidelines, it could attract from between $100 to$1.5 million in fines for breach of the Act. Thirdly, the regular updates may lead to loss of the data, and whereby there are no backup plans means complete loss of evidence that may be necessary for the legal system. Moreover, the electronic data are highly susceptible to falsification, subject to this could alter the validity of the information, thus inadmissible in a court of law (Alpert, 2016).
Falsification of documents
During the litigation process, medical records undergo an authentication to attest to its legitimacy. This process illustrates the authorship of health record entries; these records should meet the standards of use in a legal process, such as determining if the request is valid. Secondly, validate the format if it is authentic to be used in a subpoena or court order. Pretty often, falsification of documents occurs, which could carry consequences for the practitioner for essence cancellation of their liability insurance policy or their practicing licenses (Stimson, 2016). There different forms of health record falsification methods, which include. Firstly, by altering the information about the type of treatment a patient received. Secondly, whereby information about the treatment administered to a patient is omitted at any time. Thirdly, altering the information regarding the treatment timeline and finally revising entries of the patient’s data with new information.
This process of falsification of the medical data can favor or against a patient in a court of law. However, falsification of any medical record, be it electronically or paper documents are considered malpractice of tampering with evidence that could lead to detrimental consequences. It is considered felony crime and could attract hefty fines and loss of credibility (Stimson, 2016). A lot of legal entities have ordered the payment of punitive damages to discourage the falsification of documents. Additionally, falsification of medical records could lead to loss of insurance cover. The health insurance provider will be within the law to cancel professional liability cover for a person found and charged for data falsification.
Importance of privacy in health information
It is imperative to uphold privacy when handling health information to protect the patient’s privacy and dignity. Personally, identifiable health information breach is among the leading cause of privacy breaches. The complexity of privacy has led to the enactment of many bills passed to address health information privacy. Among them were the HIPPA, Health and the Privacy Act of 1974 and HIPPA, which have played an imperative role in defining healthcare information privacy and security in recent years (Saquella, 2020).
The Privacy Act of 1974
The privacy act was enacted in 1974 as part of the United States federal laws. The Act governs the gathering, use and dissemination of personally identifiable information of individuals whose records are contained in the federal agencies’ systems. It prohibits the disclosure of personally identifiable information without the consent of the subject individuals. However, this Act can allow for disclosure under the provisions of the twelve statutory exceptions. Secondly, the Act’s provisions grants individuals rights to access agency records where be (Saquella, 2020). Additionally, grants them the right to amend the agency of records if the records are inaccurate, incomplete or irrelevant. The privacy act also establishes a code of fair information practice mandating agencies to comply with the collection, maintenance and distribution of records as per the statutory norms
Healthcare information is highly sought sector, as perpetrators continue to devise elusive means of to steal data; thus health care providers and practitioners need to understand the provisions of the Privacy Act and comply with them to the latter to avoid incurring hefty penalties, and mandatory structural reorganizations in case of violations. The provisions of the Act govern a range of violations, including unknowing violations whereby the practitioner intentionally violates the rules. Secondly, reasonable cause where the practitioner or subject should have done due diligence failed before disseminating the information. Moreover, willful neglect where the practitioner acted willfully, albeit being aware of the regulations. These penalties can attract a maximum of 1.5 million annually (Saquella, 2020). These rules are to be adhered to by medical practitioners, health insurance companies. Health care facilities and any third party entities involved in the receiving and transmission of health information.
HIPAA
The Health insurance portability and Accountability Act HIIPA was enacted in 1996.HIPPA is one of the renowned statutes in matters of privacy and security of electronic health information. The purposes of HIPPA is primarily for the enacting the standards for privacy of individually identifiable health information, also known as the privacy rules. These policies protect the personally identifiable information, Private health information, and notably ensures that medical practices are held accountable for the privacy of health information. They have provisions for training medical employees of the requirements and provisions of the Act. Secondly, educating the patients on the privacy of their health information and notably securing the information enduring that they are not easily accessible by unauthorized personnel (Edemekong, 2020).
Additionally, the security rule protects medical records’ privacy, providing the guidelines for the storage, accessibility, and dissemination of medical information. Thirdly is the transaction rule, which mandates transaction codes to ensure the safety of HIPPA transactions, ensuring the safety and accuracy of an individual’s medical history (Cohen, 2018). Additionally, it ensures that all the covered entities comply with the provisions in their workforce. Lastly, they detect and protect against security breaches that could violate the information’s security and integrity by all included parties in the collection, storage, and dissemination of health information.
Following the enactment of HIPPA, it has posed such a threat to many health care organizations when dealing with patient information. The provisions of the HIPAA rules consisted of so many rules thus making the compliance a daunting process the Act has created an art of compliance with is very imperative in the dynamic of health care within many organizations; this Act has also increased patient confidentiality building a rapport of health organizations (Edemekong, 2020). However for those organizations that comply with the provisions have seen the benefits of the Act in safeguarding them from legal implications that could result in loss of practicing licenses or payment of hefty fines due to violations, it has given patients more control over their information while defining boundaries over the use as dissemination of the information, it has made it possible to hold people accountable for the actions, with civil and criminal fines imposed in violation of the rights (Senthilkumar, 2018).
Conclusion
Adhering to the regulation sand policies provided on matters of privacy and security of healthcare information is imperative for organizations to avoid violations. The storage of medical records has transitioned from paper storage to electronic storage, which has come in handy in the storage of bulky information in the form of easily available files and retrievable files. HIPAA and the Privacy Act of 1974 were acted to provide guidelines regarding personally identifiable information safeguarding suspects’ interests by providing a sense of security o for their information. Notably, holding every individual accountable for the actions has enhanced information security compliance.
References
Alpert, J. S. (2016). The electronic medical record in 2016: Advantages and disadvantages. Digital Medicine, 2(2), 48.
Cohen, I. G., & Mello, M. M. (2018). HIPAA and protecting health information in the 21st century. Jama, 320(3), 231-232.
Edemekong, P., Annamaraju, P., & Haydel, M. (2020). Health insurance portability and accountability act (HIPAA). StatPearls.
Fakhrzad, M., Fakhrzad, N., & Dehghani, M. (2020). The role of electronic health records in presenting health information. Interdisciplinary Journal of Virtual Learning in Medical Sciences, 2(4), 31-40.
Saquella, A. J. (2020). PERSONAL DATA VULNERABILITY: CONSTITUTIONAL ISSUES WITH THE CALIFORNIA CONSUMER PRIVACY ACT. Jurimetrics, 60(2), 215-245.
Senthilkumar, S. A., Rai, B. K., Meshram, A. A., Gunasekaran, A., & Chandrakumarmangalam, S. (2018). Big data in healthcare management: A review of the literature. American Journal of Theoretical and Applied Business, 4(2), 57-69.
Stimson, C. J. (2016). Hospital Risk Management and the US Legal System: An Introduction to US Medical Malpractice Tort Law. In Risk Management in Medicine (pp. 69-76). Springer, Berlin, Heidelberg.