The Social Policy - Research Proposal Example

Social Policy/Social Justice March 19, The National Association of Social Workers of Ethics was approved in 1996and later revised in 2008. This document serves as the core of social work ethics. Values, principles, and standards are defined which are used to guide the practice and conduct of the social worker. The social workers ethical obligations and responsibilities are clearly defined in a manner which makes it much easier to avoid conflicts of interest and inappropriate conduct. Confidentiality and privilege are sections that are designed to protect the privacy and rights of the patient (Code of Ethics 2012). Any time private information is shared it becomes privileged information. Confidentiality is implied automatically when information is shared. Consent must be obtained from the individual for any information to be shared with other providers or individuals for any reason. Any information that is to be disclosed to third parties must be preauthorized with a written consent form. Patient confidentiality is of primary importance and HIPPA regulations were developed to safeguard individual healthcare records that may be electronic or in other formats. HIPPA is the Health Insurance Portability and Protection Act created in 1996 to protect personal health information. HIPPA regulations include four main components that are universal. Limits are established for the use and release of any confidential information; individuals are given more power over what information is released and whom it is released to, providers are required to protect confidential information and HIPPA sets standards for those who are in violation of confidentiality practices. Confidentiality encompasses not only legal matters but also ethics in healthcare. Rules and regulations enforce behaviors and professional practices that should be second nature to providers (National Nurse 2011). HIPPA legislation governs not only client records but coding, security, reimbursement standards, and any and all areas that involve information management. Clients must be notified of privacy practices and policy and written acknowledgement should be obtained before any services are provided. Civil and criminal penalties are possible when regulations are violated. Civil penalties are outlined in the American Recovery and Reinvestment Act and criminal penalties are clarified by the Department of Justice. Penalties for violations are applicable to health care plans, clearinghouses and any providers who transmit confidential information. Individuals who are not directly liable through HIPPA regulations can still be charged with conspiracy or aiding and abetting. States and federal jurisdictions each have statutes that require the reporting of certain confidential information; vital statistics, communicable diseases, child and elder abuse, and violent incidents must be reported to the appropriate authority for each case. The public health mission is recognized by HIPPA in requiring these to be reported. Possible effects stemming from breaches in privacy and confidentiality laws can include employment termination, the loss of health insurance, and the illegal use of identity in a myriad of ways. National standards that have been developed with the best interest of the public have been found to have unintended consequences. Public health research and practice have been impeded in a number of ways. Many health benefits have been developed from epidemiological research and infectious diseases have been identified along with carcinogens and hazardous substances, and an improved understanding of modifiable risks factors for many types of diseases including respiratory and cardiovascular diseases (Wartenberg & Thompson 2010). Comparable databases, such as credit bases, compile and maintain extensive consumer information databases and are not restricted in their abilities to do so. Health scientists should have comparable access to health information in order to complete research with the appropriate privacy practices in place. Epidemiology research has begun more and more difficult as restrictions become tighter in confidentiality and individual information privacy. Child welfare agency’s work with the most vulnerable population and only the highest of standards in communication, confidentiality, privacy, and planning should be used when working with this population. Child welfare public communications should follow established standards and guidelines. It is important to articulate that child welfare communications is a good thing and beneficial for the client. Media should be reminded that the Federal Administration for Children and Families reviews the entire child serving system, not only privacy and confidentiality. A5eas of strength should be discussed and highlighted (Desantis 2007). A continuous improvement process is implemented comparing indicators from first and second interviews against national standards. Child welfare case management workers have various guidelines that must be followed when handling old records and case files that are no longer active (Gardner 1982). Volunteer and public agencies should develop and maintain procedures for the retention and destruction of case files. Any professionals who have been active in the case should be consulted on what should be done with outdated material. Agencies should also consider legal implications before purging or disposing of any existing records. Brief abstracts of all closed cases must be maintained on a permanent basis and record disposition should be under the care of a qualified and professionally trained social worker. Destruction methods such as shredding or burning should be carefully supervised and electronic records that are purged should be done so professionally by IT staff. Case record material that relates to civil or criminal penalties should not be destroyed. Counseling records and foster home records where there was no placement may be destroyed after several years of inactivity. Foster home records which resulted in placement should be maintained until seven years beyond the child’s age of majority. Voluntary agencies must formulate guidelines for disposition of records material; especially regarding adoption, guardianship, citizenship and other legal information. Recently there have been concerns in New York that electronic health information is not secure enough to protect patient privacy and the New York Civil Liberties Union issued a report requesting policy makers to create better patient protection methods to ensure that records remain private (Todd n.d.). Regional networks will eventually connect to a National network which will allow health care and insurance companies to access a patient’s complete medical history. This can improve the quality of health care can but can also pose a significant threat to privacy and confidentiality and the security of patient information. The New York Civil Liberties Union has developed certain strategies for the protection of privacy and confidential information (NYCLU 2012). Electronic health information technology is transforming health care systems. New York has endorsed a set of security and privacy policies to expedite implementation of the health information exchange. These policies have been found to have several flaws; they do not allow for patient control over the inclusion of their health information on the network and the technological infrastructure represents an all or nothing approach. Once consent has been granted to a provider all information that is available or has ever been entered on the network is visible regardless of whether it is relevant to the current treatment. Patient’s need has some control over how much information is shared and also how many providers within a given network have access to the information. New requirements by the State include requiring patient consent forms to offer three distinct options; allowing access to their electronic records, opting out, or to opt out except in cases of medical emergencies. The State must also adopt a policy requiring provider’s to notify patients when they become linked to a health information network. Mandates also prohibit the selling of private health information data. References Code of Ethics (English and Spanish). (2012). National Association of Social Workers. Retrieved March 19, 2012, from http://www.socialworkers.org/pubs/code/code.asp National Nurse. (2011, July 1). HIPPA: The Health Insurance Portability and Accountability Act. EBSCOhost Discovery Service. Retrieved March 25, 2012, from http://ehis.ebscohost.com.proxy.cecybrary.com/eds/pdfviewer/pdfviewer?vid=2&hid=101&sid=dbbb01d8-ff27-4977-9013-147d8f771cb4%40sessionmgr115 Wartenberg, D., & Thompson, W. (2010). Privacy versus public health: the impact of current confidentiality rules. American Journal Of Public Health, 100(3), 407-412. doi:10.2105/AJPH.2009.166249 DeSantis, C. (2007). Child Welfare Reviews Need Clear, Open Communications Strategy. Policy & Practice (19426828), 65(4), 34. Gardner, E. (1982). Information, Please. EBSCO. Retrieved March 29, 2012, from http://ehis.ebscohost.com.proxy.cecybrary.com/eds/pdfviewer/pdfviewer?vid=3&hid=121&sid=0a01d8b1-4718-457e-9139-02560da43d03%40sessionmgr14 Todd, E. (n.d). New York Civil Liberties Union seeks more security for electronic medical records. Daily Record, The (Rochester, NY), NYCLU. (2012). Protecting Patient Privacy: Strategies for Regulating Electronic Health Records Exchange. NYCLU. Retrieved March 29, 2012, from http://www.nyclu.org/files/publications/nyclu_PatientPrivacy.pdf Read More