Administrative ethics - Essay Example

 Administrative Ethics After finding an issue pertinent to patient confidentiality, the essay aims to achieve the following objectives, to wit: (1) to describe the issue and its effect on the population it affects most, (2) to determine the arguments or facts used in the article to support the proposed solution, (3) to identify the ethical and legal issues reported for the administrative issue, (4) to explain the managerial responsibilities related to administrative ethical issues, and if none were stated, to state what should have been done; and finally, (5) to identify any proposed solutions. Administrative Ethics The issues of protection of rights of patients pertinent to ensuring privacy and confidentiality have continued to pervade various health care institutions globally. In the United States, the “Health Insurance Portability and Accountability Act (HIPAA) addresses patient confidentiality and protects patients and their medical records, including current and past medical treatment and past medical records, in addition to billing records” (Finkelstein, 2007, 3). In this regard, after finding an issue pertinent to patient confidentiality, the essay aims to achieve the following objectives, to wit: (1) to describe the issue and its impact on the population it affects most, (2) to determine the arguments or facts used in the article to support the proposed solution, (3) to identify the ethical and legal issues reported for the administrative issue, (4) to explain the managerial responsibilities related to administrative ethical issues, and if none were stated, to state what should have been done, and finally, (5) to identify any proposed solutions. Description of the Issue The article written by Mehnke (2010) entitled “Managing a breach in patient confidentiality” and published in the Nursing Critical Care journal proffered issues pertinent to the crucial importance of observing privacy and confidentiality when dealing with patients. In a scenario, a nurse accessing patient’s records for personal use emerged without thinking of the possible repercussions of her action to the patient and to herself. Mehnke (2010) revealed that “a nurse knowingly accessed a neighbor’s electronic medical record and acted on the information she found by confronting the patient. The nurse approached the patient in the perioperative waiting area before the surgery and asked what procedure she was undergoing” (1). As a consequence, the nurse’s action dealt with the utmost penalty of firing her from employment because of breach of confidentiality. The decision precludes other nurses and health care practitioners from repeating the same offense. The gravity of the issue was addressed by severing the employment from the health care institution to show other health care practitioners that there is no compromise to the issue. The issue’s impact on health care practitioners focused on giving primary importance and utmost care in adhering to the laws and regulations prescribed by Health Insurance Portability and Accountability Act (HIPAA), specifically on the protection of patient privacy rights. Arguments Supporting the Solution As revealed by Mehnke (2010), there were standard operating procedures followed by the nurse’s superiors upon presentation of the issue for evaluation. As mentioned, “the nurse’s manager contacted human resources, the nursing administrator, and the legal department for advice and guidance on the best way to investigate the issue. The manager met with the nurse involved to discuss the confidentiality breach” (1). Legal and ethical issues were addressed with proper decorum and observance of protocols. Only after the proper channels were advised would a full investigation of the case be implemented. Preliminary actions institute corrective measures to the nurse for infractions committed. As averred by Mehnke (2010), “after careful consideration and in accordance with the corrective action policy, the nurse was suspended without pay until the investigation was completed. Once the investigation ended, all parties involved decided unanimously to fire the nurse due to the severity of the breach” (1). The decision proved that HIPAA laws ensure that privacy and confidentiality of patients protect respective rights, regardless of the rationale; if and, especially when no prior authorization from the patients’ are sought. Ethical and Legal Issues The nurse who accessed the patient’s records for her personal use violated the ethical issues of rights to privacy and confidentiality and legal issues of breach in confidentiality. Nurses, as health care practitioners have the sole responsibility to ensure that delivery of health care is primarily undertaken and any information relative to according the appropriate intervention would be on a need-to-know basis only. Managerial Responsibilities Managers of the nurse who violated privacy and confidentiality of the patient have the responsibility to administer corrective actions deemed appropriate for the infringement. As indicated, the managerial committee administered a suspension without pay to the nurse for the duration of the review prior to the completion of the investigation. The severe penalty served to fire the nurse from her employment after careful assessment and solicitation of all information and facts on the case and with due reference to HIPAA laws and regulations. Proposed Solutions The solution administered by the managers was appropriate for the case under study. The penalties served as a means to preclude other health care practitioners from repeating the same offense and violating the rights of patients to privacy and confidentiality. Regular monitoring, training, reorienting reinforce awareness of the laws of privacy and confidentiality at all times, to make other health care practitioners more aware of its relevance and importance. To ensure that human rights are respected always and any violation of these rights would be dealt with the utmost severity of the law, there must be vigilance for the adherence of ethical codes of conduct expected from health care practitioners. References Finkelstein P. (2007). “Confidentiality, friends, family members and nurses.” Minn Nurs Accent. Mehnke, A. (2010). “Managing a breach in patient confidentiality.” Nursing Critical Care. Vol. 5, No. 4, 1. Retrieved 20 March 2011. < http://www.nursingcenter.com/pdf.asp?AID=1033528> Read More