Security of Medical Records - Admission/Application Essay Example

Security of Medical Records Introduction: The main principle in Medicine is the security or the confidentiality of medical records of patients. In medical ethics, it always keeps the uniqueness of patient, which holds that the patient himself is ruler of his body. The relation between patient and doctor keeps growing depending on the patient’s trust that his physician will keep his medical information in confidence. In medical ethics confidentiality of medical information and patient autonomy are possible using certain detailed rights and necessities based on The Health Insurance Portability and Accountability Act (HIPAA). Both security and privacy ensure the confidentiality of medical records. The HIPAA privacy regulations relate to the medical information in any form. It may be in the form of electronic, oral, printed or any other form. “The HIPAA regulations apply to those entities classified as “covered entities.” A “covered entity” is defined as a: Healthcare provider, Health plan, or Healthcare clearinghouse.” (HIPAA White Paper, 2003). Issues of Revealing the Medical Report of an AIDS Patient: The Acquired Immunodeficiency Syndrome (AIDS) epidemic is most complex and harmful public health problem. In the last three decades, more than 60 million people got infected by AIDS, out of which over 20 million have already died. The survey conducted by WHO noticed that more than ten people get infected with the virus every minute and it is very armful to the society that majority of the victims are young adults. It is expected that over 40 million people, within the age 15-24, will be infected by HIV. This virus affects physically, mentally and socially. All patients trust that their physicians will keep medical records confidentially. In the case of a HIV patient, the release of information will cause several social issues. The main issue noticed is that this disease serves as an obstacle for exposure to family members and public. Lack of effective practical guidelines or misconception about the disease tempts people to turn against HIV patients. Incorrect knowledge about the transmission of HIV, such as HIV can be transmitted through hand-shakes, sneezing and coughing and through sharing food with HIV infected people and through insects like mosquito etc., are the main reasons for such an issue. In case of AIDS, the right knowledge about the disease and its transmitting ways are not available for many people. Many wrong ideas have been spread in the minds of the public which made the people to avoid the infected people from the society. In this case, the patient hardly agrees to publish his medical records to upload to Internet even if they guarantee its security. If the doctor publishes it without the permission of the patient, then it is a serious offence and he can file a suit against the doctor in court. In case of AIDS, there is no medicine to cure it permanently. Current medicines only give a degree of relief to the patient. The medical scientists are in search of finding a better medicine. If a drug company reveals the medical record or alters it for promoting their business, then that also is a crime. Several surveys are conducted by the government, health authorities, organizations and persons about the diseases and the infected persons. Surveys, which reveal the personal or protected medical details to public, should be banned. The unnecessary revealing affects the patients mentally and socially. Security and Rights of patients: The information about patients should have confidentiality. The information may contain secured data about patients. The misuses of information regarding disease such as Aids or cancer of patients are there due to lack of proper security. The patients have the right from the doctors and hospitals to hide or secure their information from the outside world. Patients also have the right to check the information concerning their health and suggest changes in the data if they find any error. The leakage of information may happen in different ways. The hospital has the right to disclose information with or without the permission of patient in certain cases. Information about patient can be disclosed without the permission of patient by the hospital when legally required or when there is threat to public health etc. The patients have certain rights which are described below. Patient can request the hospital authorities to deny the disclosure of information to those like insurance companies or relatives. But the authority is not bound to agree to the patient’s request. Patient also has right to have confidentiality in the communications with the doctor. That means a patient can request hospital authority to communicate only with him, without the presence of other family members. It does not require any reason. For availing these kinds of rights, one must contact the privacy officer of the hospital. Hospital keeps health information or medical report, which the patient should inspect or check and ask for corrections or even for amendments, if needed. Copying of information is also possible, which may cost a nominal fee. This is also done through the privacy officer of the hospital. Accounting of disclosure can be asked or requested to the privacy officer of hospital by the patient. As patient possesses the rights in the disclosure of information, the hospital also carry some rights regarding the terms of notice. One can go to the higher authorities if he has a compliant about the hospital and if he feels that his privacy rights are violated. The most important part of a hospital is its patients. This comprises the life of patient as well as his health information. Information should be protected privately and treated as confidential. The hospitals have the right to disclose the information of patient with their permission. That is, the hospital discloses the details to other physicians or doctors to provide treatment, to collect payment, to conduct health care operations, etc. The disclosure of information requires permission of patient. But in some cases like disclosure legally or when there is a risk to public health etc. permission of the patient is not required. When we are discussing about Patient’s right, it is related to HIPAA act little bit. HIPAA is passed to help protect and safeguard the security and confidentiality of a person’s health information. But, for the personal gain, false pretenses, or malicious purposes the doctor has no right to disclose the PHI (Protected Health Information) to any other about AIDS patient details. If he do like that or violate HIPAA can face both civil and criminal penalties, including fines and/or imprisonment for one to 10 years. Sometimes what is happening, hospital and doctor’s offices keep the patient’s room numbers or acknowledging that a patient is even in the hospital. In the case of AIDS, the doctor must comply with HIPAA is that you should be given a copy of your doctor’s notice of privacy policy and you will be asked to sign a form saying that you received it. This notice will include information about how your doctor will protect your PHI, how your PHI might be disclosed without your consent when legally permitted, and how other disclosures of your PHI can be made only with your consent. MEDICAID agreement: MEDICAID is a medical help program in United States. The program is meant for providing necessary money for the hospitals and physicians to provide treatment and care for poor people who cannot finance their medical expenses. The fund for the program is provided by the states and the federal government. This is an agreement in which Social Security Act provides Medical Assistance program for individuals and families. This program is part of Title XIX of the Social Security Act Amendment. It became law in 1965. The state participation is voluntary. But, since 1982 all the states started participating in this program. Medicaid Agreement became effective on October 1, 1996 by AMERIGROUP. AMERIGROUP Corporation headquartered in Virginia Beach, is a leading publicly-traded company dedicated for financially vulnerable, seniors and people with disabilities through publicly-funded programs. This agreement involves various definitions such as agreement, capitation, clean claim, CCPN physician, CCPN participating provider, contract anniversary date, contract term, emergency care, etc. Agreement means contract executed by the parties. Capitation means payment system for the health services. Clean claim means record of claim provided to members. CCPN physician means licensed primary care physician contracted with CCPN, who has agreed to treat members. CCPN participating provider means health care facility other than physician contracted with CCPN, who has agreed to treat members. Contract anniversary date means September 1st of each year of this agreement. Contract term means the term of this agreement. Emergency care means emergency service provided after the sudden condition. Conclusion: Here we reached the conclusion that patients have important right to make his health information confidential and secret. Here we gone through the example of a person who have AIDS, and how important that his health information has to be confidential. Because of HIPAA Act and MEDICAID contract people can carry normal life without carrying the fear that our health information will become public. Reference HIPAA White Paper. (2003). CBCA. Retrieved March 1, 2009, from http://www.cbca.com/resources/hipaa.html Read More