Read the summary for at least FOUR other Case Studies (other than yours), and po
Read the summary for at least FOUR other Case Studies (other than yours), and post a comment for each. That is FOUR total comment posts, Include a heading with the name of the person and the Case Study to whom/which you are responding. Your comments should be positive, thoughtful, and demonstrate that you read your classmate’s summary. To DEMONSTRATE that you have read the summary, refer to specific items in your comments. Address the person and topic to whom/which you were responding.
PAULINA S.
1. Can healthcare information be shared in a severe disaster?
Answer:
Providers and health plans covered by the HIPAA Privacy Rule can share patient information in all of the following ways:
TREATMENT: Health care providers can share patient information as necessary to provide treatment.
Treatment includes:
sharing information with other providers (including hospitals and clinics),
referring patients for treatment (including linking patients with available providers in areas where the patients have relocated), and
coordinating patient care with others (such as emergency relief workers or others that can help in finding patients appropriate health services).
Providers can also share patient information to the extent necessary to seek payment for these health care services.
NOTIFICATION: Health care providers can share patient information as necessary to identify, locate, and notify family members, guardians, or anyone else responsible for the individual’s care of the individual’s location, general condition, or death.
The health care provider should get verbal permission from individuals, when possible; but if the individual is incapacitated or not available, providers may share information for these purposes if, in their professional judgement, doing so is in the patient’s best interest.
Thus, when necessary, the hospital may notify the police, the press, or the public at large to the extent necessary to help locate, identify, or otherwise notify family members and others as to the location and general condition of their loved ones.
In addition, when a health care provider is sharing information with disaster relief organizations that, like the American Red Cross, are authorized by law or by their charters to assist in disaster relief efforts, it is unnecessary to obtain a patient’s permission to share the information if doing so would interfere with the organization’s ability to respond to the emergency.
IMMINENT DANGER: Providers can share patient information with anyone as necessary to prevent or lessen a serious and imminent threat to the health and safety of a person or the public — consistent with applicable law and the provider’s standards of ethical conduct.
FACILITY DIRECTORY: Health care facilities maintaining a directory of patients can tell people who call or ask about individuals whether the individual is at the facility, their location in the facility, and general condition.
Of course, the HIPAA Privacy Rule does not apply to disclosures if they are not made by entities covered by the Privacy Rule. Thus, for instance, the HIPAA Privacy Rule does not restrict the American Red Cross from sharing patient information.
I think this is an interesting question because of the unexpected things that can come up with life. In these serious moments, a physician and healthcare team should have some leniency in disclosing information while trying to keep the patient and their condition safe. If, for example, the patient has an illness which indicates an outbreak of a disease, the physician has an obligation to report it to the center for disease control but may also have to report it to the news. Or maybe there is a car crash, and an ambulance must rely on extended family members or friends to provide information about an individual or a child. I think that protecting someone’s life is more important than keeping their information confidential and not disclosing. Of course, this would depend on the circumstances. Allow this may be a violation of HIPAA in most circumstances and you may face a penalty, I think where there is a disaster, this violation should not apply.
2. How can family members of a deceased individual obtain the deceased individual’s protected health information that is relevant to their own health care?
Answer:
The HIPAA Privacy Rule recognizes that a deceased individual’s protected health information may be relevant to a family member’s health care. The Rule provides two ways for a surviving family member to obtain the protected health information of a deceased relative.
First, disclosures of protected health information for treatment purposes—even the treatment of another individual—do not require an authorization; thus, a covered entity may disclose a decedent’s protected health information, without authorization, to the health care provider who is treating the surviving relative.
Second, a covered entityLinks to an external site. must treat a deceased individual’s legally authorized executor or administrator, or a person who is otherwise legally authorized to act on the behalf of the deceased individual or his estate, as a personal representative with respect to protected health information relevant to such representation.
Therefore, if it is within the scope of such personal representative’s authority under other law, the Rule permits the personal representative to obtain the information or provide the appropriate authorization for its disclosure.
I think this question is interesting because if you are a descendant of someone who had an incurable or dangerous disease, wouldn’t you want to know about it so you can pay attention to what medical advances there are in order to protect yourself? For example, in my case, I have a parent who unfortunately died of a sudden cardiac arrest. The autopsy showed this parent had heart disease for many years although they did not know it and neither did the family. Knowing this, will allow myself and my family to investigate ways in which we can prevent the development of heart disease in the future. This parent and I, saw the same physician so after my parent died, I went and spoke to this doctor to try to understand what might have happened and we were able to discuss. The MD told me about things I could do now and in the future to reduce my chances, such as getting enough exercise and perhaps taking cholesterol medication in the future. Knowing this information helps me to plan my future better and be aware and con
JILL M.
1. Does a parent have a right to receive a copy of psychotherapy notes about a child’s mental health treatment?
No, the parent does not have a right to the providers professional private notes, but parents of a minor child can get copies of their child’s mental health information, like medical records, information about their diagnosis, symptoms, treatment plans, etc.
I chose this question because as a parent of both young children and a 16-year-old, I have run into this dilemma. I am still responsible to sign everything for my younger two children, however when my oldest turned 15 years old he had to sign a form allowing me to be a part of his medical/mental health team. This allows me to take part in his appointments if he wishes. Before he signed the form, I could leave detailed messages for his doctor or therapist but now with the form signed the doctor/therapist can return my call and give me advice or discuss my son’s care. We can better work as a team.
2. Where can healthcare providers conduct telehealth?
Healthcare providers are to provide privacy just as they would for an in-office patient. Providers ask the patient if they are alone or in a secluded location for the duration of the appointment.
I chose this question because I often have telehealth appointments. My primary care provider is in Woodinville, and I live on the Olympic Peninsula. For so many of my appointments, this has been very convenient. They have always asked me if I was at home, in Washington state, alone, etc. Most of the time I have been home with my kids in the background, but I will use earbuds to keep things private and go into a room where I am alone for sensitive topics. My doctor is always in her clinic office with the door shut during our appointments.
The appointment location examples the textbook lists telephone, fax, internet, and real-time television. I am not sure how fax or television would work for a telehealth appointment, but it is fascinating and amazing to me that there are so many options. When my 5-year-old son had covid-19, I called the doctor to see if there was an alternative medication that I could give him to bring down his fever because acetaminophen gives him GI bleeds and ibuprofen was not bringing his fever down. The doctor was able to complete an appointment over the phone and called me back every 5 to 6 hours to check in on my son around the time he would be due for his next dose. I find remote medicine to be convenient, but also in some cases, like my son’s, more efficient.
AMINA A.
1. Disposal of Protected Health Information
How should providers dispose of PHI that they use off of the covered entity’s premises?
The HIPAA security rule requires that members are trained on how to properly dispose of Protected Health Information (PHI)I. Being that rules are flexible there isn’t a specific disposal method to be used when it comes to the disposal of PHI but it must protect against impermissible use, and protect against threats or hazards to the security of electronic PHI. In a workplace, PHI can either be returned to the covered entity or in some cases shredded properly.
I believe that this question along with the answer is important for healthcare professionals to know as it explains the practice of handling disclosed information. HIPAA is very important in the healthcare field and learning how to properly disclose PHI is a practice needed to follow the rules of HIPAA.
2. Treatment, Payment, and Health Care Operations Disclosures
What is the difference between “consent” and “authorization” under the HIPAA Privacy Rule?
The privacy rule requires the use of authorization on disclosures of PHI rather than consent. Authorization is a document that allows entities to use PHI for specified reasons other than treatment. Consent voluntarily given by the patient isn’t permitted for use unless the consent aligns with the requirements of authorization.
This question along with its answer is important for Health care professionals to know of as it practices the use of authorization. The HIPAA Privacy Rule requires the correct following of a list of practices that hold a lot of responsibilities. It’s best while learning about the HIPAA Privacy Rule that the professional can differentiate consent and authorization when it comes to treatments, payments, and healthcare operations.
NATALIYA Y.
The two questions that I chose are numbers 3021 and 3024. Where can healthcare providers conduct telehealth? According to U.S. Department of Health and Human Services “Healthcare providers will ordinarily conduct telehealth in private settings, such as a doctor in a clinic or office connecting to a patient who is at home or at another clinic. Providers should always use private locations and patients should not receive telehealth services in public or semi-public settings, absent patient consent or exigent circumstances.” The second question is what is “non-public facing” remote communication product? According to the U.S Department of Helath and Human Services “A “non-public facing” remote communication product is one that, as a default, allows only the intended parties to participate in the communication.”
The reason why I chose these two FAQs is due to living after a big pandemic and now we use technology more than ever and changed everything. Now some of the patients don’t have to go in person to see a provider instead they can use televisit. This can be useful because it will decrease germs spreading from the patient to the healthcare professional. The televisit appointments also save time and gas. However, I always wonder how to make an appointment safely so the provider is not violating any HIPAA and the patient can speak to the provider comfortably without being afraid someone can hear them.
BELOW IS MY HOMEWORK:
Summary Post Instructions:
Look under the official HIPAA government website for professionals (https://www.hhs.gov/hipaa/for-professionals/faq/index.htmlLinks to an external site.) and browse the Frequently Asked Questions (FAQs) topics to find two questions and answers that interest you and that you believe all health care professionals show know.
Copy/Paste the two questions and answers that you have chosen into a WORD document.
Number, and label each FAQ.
Include a short summary at the end of each FAQ to stating why you chose it (use specific examples from the text and your own personal experience).
Medical Law and Ethics Chapter 9-10
FAQ 1
May mental health practitioners or other specialists provide therapy to patients in a group setting where other patients and family members are present?
Answer:
Yes. Disclosures of protected health information in a group therapy setting are treatment disclosures and, thus, may be made without an individual’s authorization. Furthermore, the HIPAA Privacy Rule generally permits a covered entity to disclose protected health information to a family member or other person involved in the individual’s care. Where the individual is present during the disclosure, the covered entity may disclose protected health information if it is reasonable to infer from the circumstances that the individual does not object to the disclosure. Absent countervailing circumstances, the individual’s agreement to participate in group therapy or family discussions is a good basis for inferring the individual’s agreement.
Summary
The chosen FAQ discusses whether it is okay for mental health professionals to treat patients in a group context when their families are also present. The discussion is important since the frequently asked questions make it clear that revealing protected health information is seen as a treatment exposure and does not need individual consent in certain situations. As long as the patient’s consent appears reasonable, the Privacy Rule under HIPAA allows sharing with family members or caregivers. (Office for Civil Rights, 2023). Also, it is in line with real-world situations where family discussions or group therapy are important parts of mental health treatment, and healthcare providers must comprehend the specifics of HIPAA laws in these contexts. As long as the patient feels comfortable sharing information, mental health providers can maintain treatment confidential and successful by sharing information with the patient’s family during group therapy sessions without obtaining permission each time.
FAQ 2
Can a patient have a friend or family member pick up a prescriiption for her?
Answer:
Yes. A pharmacist may use professional judgment and experience with common practice to make reasonable inferences of the patient’s best interest in allowing a person, other than the patient, to pick up a prescriiption. See 45 CFR 164.510(b). For example, the fact that a relative or friend arrives at a pharmacy and asks to pick up a specific prescriiption for an individual effectively verifies that he or she is involved in the individual’s care, and the HIPAA Privacy Rule allows the pharmacist to give the filled prescriiption to the relative or friend. The individual does not need to provide the pharmacist with the names of such persons in advance.
Summary
The reason for choosing the frequently asked question about the chance of a patient’s friend or family member picking up a prescriiption is important. It is important because it addresses real-world situations and has daily life implications. The pharmacists can decide if it is a good idea to let someone else pick up a prescriiption for a patient. They use their knowledge and follow common practices to make this decision (Office for Civil Rights, 2022). In my experience, picking the medication is important in situations in which patients rely on friends or relatives to get their medications because they are unwell or have other problems.
For example, when a family member or a friend arrives at a medication store to pick up a particular medicine, it proves that the one picking the medication takes care of the patient. The situation in which a friend or family member picks medication for a patient goes hand in hand with the HIPAA Privacy Rule. The rule allows pharmacists to deliver the full prescriiption to a friend or family without needing the patient to give their identity first. The frequently asked question emphasizes the value of adaptability and patient-centered care in pharmacy practices by showing actual situations in which these changes are necessary for the health and well-being of patients.