Question

HIPAA, Legal, and Regulatory Discussion

• Presents evidence from recent scholarly publications to address the impact of technology on nursing care related to:

- Patient privacy and HIPAA standards

-Healthcare regulations

- Legal guidelines on appropriate use of technology

please provide source or citation. Article cannot be more than 5 years old.

Answer 1

1)The impact of technology on nursing care related to Patient privacy and HIPAA standards and healthcare regulations?

*What Is HIPPA?

*Passed in 1996, the Health Insurance Portability and Accountability Act is a Federal law that restricts access to individuals’ private medical information.

*The HIPAA Privacy Rule, also called the Standards for Privacy of Individually Identifiable Health Information, provided the first nationally-recognizable regulations for the use and disclosure of an individual’s health information. Essentially, HIPAA defines the boundaries for use and disclosure by healthcare professionals of patients’ health records.

*Why is HIPPA Compliance So Important?

*Keeping patient data secure and protected is an essential part of the trust that a patient places in the hands of their healthcare provider. A patient is confident and more willing to seek care if they are confident their data is safe.

*A healthcare provider that is transparent about their HIPAA compliance will encourage that same level of transparency in patients.

*HIPAA affects your daily nursing practice in four ways

1. Notice of new privacy rights.

*HIPAA mandates that you give patients a clear written explanation of the allowable uses and disclosures of their personal information. Also, you must notify patients of the various new rights that they have under the federal regulations

*. For example, patients have the right to see everything, amend health information, and receive an accounting of who’s seen their health care records.

2. Patient consent.

*Patients must be asked to acknowledge a notice of the health care provider’s privacy policies, but they can be treated if they don’t. Although providers currently obtain informed consent from patients regarding various medical procedures, this consent doesn’t necessarily give you the authority under HIPAA to transmit confidential information.

3. Patient authorization.

*In some situations, you’ll need to obtain patient authorization rather than patient consent. Unlike consent, patient authorization lets you disclose specified personally identifiable information for a specific purpose; this authorization expires on a particular date.

*Typically, you’ll need authorization to disclose information about nonclinical and payment/ reimbursement issues, such as employment or insurance. If you need to call a patient’s workplace to verify insurance coverage, for instance, you must first obtain the patient’s authorization for the specific information you’ll disclose. However, you can’t withhold treatment if a patient refuses to grant this authorization.

4. Minimum disclosure standard.

*The HIPAA regulations require that you limit use, disclosure, or requests regarding health information to the minimum necessary. For instance, if you need to get a patient’s home telephone number to reschedule an appointment, your access to the patient’s medical record will most likely be limited to telephone information.

*In the future, facilities may implement policies that permit nurses to access the patient’s entire medical record, but this isn’t currently permitted under HIPAA unless a nurse needs access for treatment purposes.

* HIPAA protects patient confidentiality by defining patients’ privacy rights, including who should have access to information about their condition, care, and payment for health care; what constitutes the patient’s right to confidentiality; and what constitutes inappropriate access to health records.

*HIPAA affects what you say to the patient’s family too. They also need the patient’s direct consent to learn anything about his care and condition; they don’t automatically have access to this information. Maintain your patients’ privacy by protecting any information that can identify or be used to identify them.

*Top 3 Ways Technology Impacts Your HIPAA Compliance

*Patient data storage, network security, and digital communications are just a few of the ways that technology functions in the day-to-day operations of a medical practice.

*Patient Data Storage

Storage options for protected health information (PHI) are important to consider when maintaining HIPAA compliance. Storage needs will vary, and depend on the amount and type of data that the organization.

*Network Security

Operating on a secure network is imperative to maintaining HIPAA compliance. Network security concerns all methods of transmitting data. This data can be transmitted via email, Internet, or even over a private network, such as a private cloud.

*Communication

*Why Modern Technology May Not be HIPAA Compliant?

*With more medical professionals using personal mobile devices to communicate and collaborate on patient concerns, it is important that healthcare organizations address the use of technology and HIPAA compliance.

*Many forms of frequently-used communication are not HIPAA compliant. Unsecure channels of communication generally include SMS, Skype and email because copies of messages are left on service providers´ servers over which a healthcare organization has no control.

*There are plenty more specifications for the use of technology and HIPAA compliance, but let´s start with these three and look at why modern technology may not be HIPAA compliant.

*Issues with Encryption

The reason why encryption is so important is that, if a breach of PHI occurs, any data that is acquired will be unreadable, undecipherable and unusable. Although mechanisms exist to encrypt messages sent by SMS, Skype and .emailed, every user within a healthcare organization must be using the same operating system and have the same encryption/decryption software in order for the mechanisms to be effective.

*Automatic Log Offs

*Automatic log offs are an essential security feature for mechanisms introduced to comply with HIPAA. Most commercially available text-messaging apps, Skype and email have a log off feature, but how many people use them? The automatic log off requirement ensures that if a mobile device or desktop computer is left unattended, the user will be disconnected from the technology to comply with hipaa in order to prevent unauthorized access to PHI by a third party.

*Messaging Solutions for Healthcare Organizations

*One tried and tested messaging solution for healthcare organizations is secure texting. Secure texting enables medical professionals to maintain the speed and convenience of mobile devices, but confines their HIPAA-related activities to within a private communications network.

*The Right Technology to Comply with HIPAA has its Advantages

*The correct use of technology and HIPAA compliance has its advantages. In medical facilities where secure texting solutions have been implemented, healthcare organizations have reported an acceleration of the communications cycle, leading to workflows being streamlined, productivity being enhanced and patient satisfaction being improved.

2)Legal guidelines on appropriate use of technology in health care?

*it can be overwhelming to know and understand all the regulations that apply to the health care industry and to know which regulatory agency is responsible for the enforcement of certain requirements. Because it can get confusing, and because it’s so important that we understand who does what and why.

*Regulation plays a major role in the health care industry and health care insurance coverage. The various regulatory bodies protect the public from a number of health risks and provide numerous programs for public health and welfare. Together, these regulatory agencies protect and regulate public health at every level.

*Health care regulations are developed and implemented not only by all levels of government (federal, state and local) but by private organizations as well.

*Health care regulations and standards are necessary to ensure compliance and to provide safe health care to every individual who accesses the system. The health care regulatory agencies in turn monitor practitioners and facilities, provide information about industry changes, promote safety and ensure legal compliance and quality services.

*Federal, state and local regulatory agencies often establish rules and regulations for the health care industry, and their oversight is mandatory. Some other agencies, such as those for accreditation, require voluntary participation but are still important because they provide rankings or certification of quality and serve as additional oversight, ensuring that health care organizations promote and provide quality care.

*It licenses and certifies the majority of the state’s health care facilities, uses the state and federal regulations that set forth minimum standards for provision of care and conducts surveys to determine compliance. educates providers, consumers and other stakeholders through written materials, presentations, its website, conferences and seminars.

*Some other regulatory agencies that protect and regulate public health are:

*The Centers for Medicare and Medicaid (CMS) oversee most of the regulations related directly to the health care system. CMS provides government-subsidized medical coverage through a number of programs:

• Medicare for the elderly and disabled
• Medicaid for lower-income individuals and families
• State Children’s Health Insurance Program (SCHIP) for health insurance coverage for children under 19

*CMS is also responsible for ensuring compliance to the Health Insurance Portability and Accountability Act (HIPAA). HIPAA, which works to reduce costs while protecting patients and providing better medical care, is a major piece of health care regulation and was instituted to improve the efficiency and effectiveness of the health care system.

*Functions of Public Health Regulations:

• * Examines public health and warns of possible health threats from infectious diseases. To  monitor birth defects, disabilities, diseases and conditions, emergency preparedness and response, environmental health, genetics and genomics, health promotion, injury and violence, travelers’ health, vaccines and immunizations and workplace safety and health.
• * For controlling the safety and effectiveness of the country’s drug supply for both humans and animals.
• *To regulates food safety, cosmetics, feed supply for animals, dietary supplements and biologics as well as the national blood supply, medical devices, food additives, product recalls and restaurant inspections.
• * Monitors and regulates the effects of hazardous materials on public health.
• * To protect human health and the environment through the writing and enforcing of regulations .
• * To ensure that health Care organizations provide quality care.
• To ensures the quality of managed care plans.

*Essentially, all areas of health care, including but not limited to physicians, medical directors, health care computer technology companies, health care facilities and pharmaceutical companies, are subject to regulatory review and compliance. It is important that you recognize which regulations apply to you and seek clarification as needed in order to adequately comply with those regulations. Remember, the primary reason for health care regulation, while sometimes confusing, is to ensure that the care being provided by health care practitioners and health care facilities is safe and effective for all everyone who accesses the health care system.