Organizational Liability Regarding Protected Health Information

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  1. Background and Definition
  2. Intent and Purpose of HIPAA
  3. Protected Health Information
  4. Impact of breach of PHI on Patients/Consumers
  5. Ethical Considerations
  6. Ethical Principles
  7. HIPAA’s Allowance for The Release of Some PHI Without Consent
  8. Relevance of Byrne v. Avery Center for Obstetrics & Gynecology, P.C
  9. References

Background and Definition

The need for protecting health data is vital for enhancing organizational support. However, with the digitalization of information storage and transmission, patients’ data can be compromised. In 1996, Congress passed, and President Bill Clinton signed the HIPAA to standardize confidentiality in electronic health records (Moore & Frye, 2019). Health professionals dealing with records should undergo training to ensure that they follow the law.

Intent and Purpose of HIPAA

The central intention of the HIPAA was to safeguard the portability and continuity of health care to the millions of United States citizens and residents covered by insurance. It has five titles, which cover transfer and continuity of health coverage to workers and families, administrative simplifications, pretax guidelines and changes, group healthcare plans, and life insurance owned by companies (Moore & Frye, 2019). The purpose is to ensure that there is the security of data and that patients have confidence in the healthcare facilities.

Protected Health Information

As the name suggests, PHI comprises any kind of data that people working in the medical field, such as nurses, physicians, psychiatrists, nutritionists, psychologists, and clinical officers, gather from the patient. Notably, the information is often collected continuously during assessment and helps in ensuring that the care plan is patient-centered. However, if such data gets into the wrong hands, it can be used to cause harm to the patient. Hence, it must be assessed by authorized persons who are involved in treating the client.

Impact of breach of PHI on Patients/Consumers

Many individuals continue to be affected by data breaches despite the HIPAA and other regulations put in place to enhance privacy. For instance, from 2005 to 2019, 249 million people were victims (She et al., 2020). The impact on the patient may be mild or high depending on the person who accesses the data and their intention. For example, a hacker can sell patients’ data that shows they use an implanted insulin device that is controlled remotely. Once the enemy gets access, they can overdose the client, leading to death.

Ethical Considerations

There are four main ethical elements that a healthcare practitioner should consider when deciding on PHI. The first is if the choice will have a negative implication on the client and their significant others. The second concerns adherence to the ethical principles, institutions policy, and other relevant regulations. Third, all the alternatives and the impacts should be critiqued. Finally, it is important to consult and hear the wise counsel of others before making the final decision.

Ethical Principles

The principles that govern the delivery of care are tied to HIPAA and the protection of PHI. It is important that each of the standards is applied to the protection of client information. For example, if a healthcare worker knows that providing double password verification better protects patients’ data, they can ensure justice by doing so for all records.

Although there are restrictions to releasing PHI to the public, other institutions, media, and relatives, there are a few circumstances where the HIPAA allows sharing without patients’ consent. The privacy rule recognizes that there are cases where the patient may not be able to give consent yet release their data and inform the public if their condition is serious. For example, if a person with a highly communicable infection such as Ebola escapes a hospital and goes to a public bus, the release of his medical information to the public may help minimize contact and contain the spread of the disease.

Relevance of Byrne v. Avery Center for Obstetrics & Gynecology, P.C

In the Emily Byrne v. Avery Center for Obstetrics and Gynecology, the hospital was asked to give $853,000 to the defendant due to giving her information to the ex-boyfriend without consent. When the case was ongoing, the name of the hospital was badly presented by the media. The other lesson is that patients can sue organizations for not following HIPAA. Therefore, it is vital to always obey the law.

References

Edemekong, P. F., Annamaraju, P., & Haydel, M. J. (2021). Health Insurance Portability and Accountability Act. StatPearls Publishing.

(SC 19873). Web.

. (2021). Hinshaw. Web.

Moore, W., & Frye, S. (2019). Journal of Nuclear Medicine Technology, 47(4), 269-272. Web.

Peregrin, T. (2021). . Journal of the Academy of Nutrition and Dietetics, 121(2), 327-329. Web.

Seh, A. H., Zarour, M., Alenezi, M., Sarkar, A. K., Agrawal, A., Kumar, R., & Ahmad Khan, R. (2020). . Healthcare, 8(2), 1-18. Web.

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