Privacy and HIV Essay

August 21, 2017 Medical

I. Introduction

The Health Insurance Portability and Accountability Act ( HIPAA ) was enacted on August 21. 1996. It was chiefly designed to protect the privateness. confidentiality. and security of wellness information. The Privacy Rule. which took consequence in 2003. regulates the usage and/or revelation of protected wellness information. The information contained within this paper. sing HIV patient privateness. will discourse the topics of the HIPAA and Privacy Rule. This paper will besides discourse patient attention and rights.

II. Rights of Patients: Right to Life and Right to Privacy

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Many HIV clinicians. both national and international. adhere to a Patient Bill of Rights that list the general rights that an HIV patient has. in respects to their intervention and privateness. Included in this subdivision. are the basic 17 most of import rights. Besides included. as portion of the Patient Bill of Rights. are 10 of the most of import duties of an HIV patient ( Wilder. 2000 ) .

First. an HIV patient has the right to respectful attention. free from favoritism of any sort. including beginnings of payments. Second. an HIV patient has the right to research anything sing any diagnosing or intervention they have received or will have. Many clinicians frequently suggest that patients should carry on their ain research so that they may break understand any events taking topographic point ( Wilder. 2000 ) .

Third. an HIV patient has the right to cognize precisely who is involved in their medical attention. at every degree. This includes pupils. trainees. and voluntaries every bit good as physicians and nurses. Fourth. an HIV patient has the right to be involved in the constitution of their attention. An HIV patient has the right to decline any intervention that may be recommended ( Wilder. 2000 ) .

Fifth. an HIV patient has the right to privateness. This is one of the most of import rights. Sixth. under the right to privateness. an HIV patient has the right to presume that all records and any communicating. written or verbal. are confidential. except in maltreatment instances. Seventh. an HIV patient has the right to analyze and have transcripts of their medical records ( Wilder. 2000 ) .

Eighth. an HIV patient has the right to presume that any beforehand directive they may hold will be respected by any medical staff involved in their attention. Ninth. an HIV patient has the right to timely presentment of alterations sing charge. This besides applies to alterations in service fees ( Wilder. 2000 ) .

Tenth. an HIV patient has the right to an equal sum of clip allotted during medical visits for treatment and inquiries. Eleventh. an HIV patient has the right to presume that any medical staff involved in their attention will take all necessary safeguards. This can be used two ways: safeguard against infection from HIV and safeguard against infecting an HIV patient with other unwellnesss ( Wilder. 2000 ) .

Twelfth. an HIV patient has the right to do ailments or inquire inquiries about their attention. They besides have the right to anticipate a speedy response to such ailments or inquiries. Thirteenth. an HIV patient has the right to presume that any medical staff involved in their attention will supply the best wellness attention possible. If a referral to other medical installations is necessary. such as a referral to other medical installations is necessary. such as a referral to an oncologist to handle an timeserving malignant neoplastic disease. the patient has the right to be informed of the disadvantages. every bit good as other options ( Wilder. 2000 ) .

Fourteenth. an HIV patient has the right to ask about any 3rd party relationships the medical installation has that could hold an influence intervention. Fifteenth. an HIV patient has the right to informed options to interventions if a current intervention fails to hold an consequence. This besides applies to interventions that are still being discussed as a possibility ( Wilder. 2000 ) .

Sixteenth. an HIV patient has the right to anticipate aid to assist with any disabilities that cause barriers. This includes linguistic communication. civilization. physical. and communicating. Finally. an HIV patient has the right to timely visits with medical staff. If a hold occurs. an HIV patient has the right to an account and apology ( Wilder. 2000 ) .

The HIV patient’s duties are non rather every bit elaborate as the Bill of Rights. but coincide. Harmonizing to Wilder ( 2000 ) . there are 10 chief duties an HIV patient has:

1 ) Provide medical staff with accurate information when possible. Besides. an HIV patient is expected to understand what function they play in their ain intervention.

2 ) An HIV patient must take attention of fiscal duties every bit shortly as possible.

3 ) An HIV patient must be considerate of other patients and staff. and besides respect installation belongings.

4 ) An HIV patient must understand that both medical specialty and worlds have restrictions. and are non perfect. There are ever hazards to see and discourse with doctors.

5 ) An HIV patient must understand that the medical staff besides has other patients under their attention. They have to split their clip and services as every bit and expeditiously as possible.

6 ) An HIV patient must understand every bit much as possible about their wellness insurance program.

7 ) An HIV patient has the duty to describe intuitions of fraud or illegal activity to the proper governments.

8 ) An HIV patient must maintain all assignment. Whenever possible. an HIV patient must advise the medical staff if an assignment can non be kept.

9 ) An HIV patient has the duty to advise medical staff instantly. if wellness conditions or medical attention state of affairss change.

III. HIPAA Privacy Rule

The HIPAA Privacy Rule. enacted on April 14. 2003. was designed to set up ordinances sing the usage and revelation of Protected Health Information ( PHI ) . This includes wellness position. wellness attention payments. or any commissariats for wellness attention. The Office for Civil Rights ( OCR ) is responsible for enforcement of the Privacy Rule. by publishing conformity activities or pecuniary punishment fees against misdemeanors. In simple footings. the Privacy Rule is meant to protect a patient’s medical history. in its entireness. including payment histories. from being disclosed by covered entities. Harmonizing to the OCR ( 2003 ) . covered entities are defined as wellness programs. wellness attention clearinghouses. and any wellness attention supplier who uses an electronic agencies to convey wellness information related to minutess.

Health programs are one group of covered entities. Health plans include wellness care organisations ( HMOs ) . Medicare. Medicaid. Medicare supplement issuers. Medicare + Choice. long-run attention insurance companies. and wellness. alveolar consonant. vision. and prescription drug insurance companies. Health plans besides include authorities. church. and employer sponsored wellness programs. and multi-employer wellness programs ( OCR. 2003 ) .

Although they are few in figure. there are exclusions in covered entities. Insurance companies that merely supply car insurance. workers’ compensation. and casualty and belongings insurance are exclusions. In add-on. group wellness programs with less than 50 members that is employer-administered and maintained is besides an exclusion ( OCR. 2003 ) .

Health attention suppliers. regardless of their size. are a covered entity if it uses electronic dealing transmittal. These minutess include referral mandates and claims. However. an electronic transmittal has to be connected to a standard dealing. The Privacy Rule covers these suppliers even if they use an outside service to manage electronic minutess. Health attention suppliers include all suppliers of services. such as infirmaries. and all suppliers of any medical and wellness services. such as tooth doctors. doctors. and oculists ( OCR. 2003 ) .

Health acre clearinghouses are another group of covered entities. These groups process “nonstandard information they receive from another entity into a criterion ( i. e. . standard format or informations content ) . or frailty versa” ( OCR. 2003 ) . Health attention clearinghouses merely receive specific wellness information that can be used to place person. when treating information to a wellness attention supplier or wellness program as a concern associate. Health attention clearinghouses include wellness direction information systems. charge services. and repricing companies ( OCR. 2003 ) .

The Privacy Rule protects all “individually identifiable wellness information. ” called Protected Health Information ( PHI ) . Identifiable information includes any informations related to a patient’s physical or mental wellness. commissariats of wellness attention to the patient. and any payments made for wellness attention provided to the patient. This information normally includes a patient’s societal security figure. reference. name. age. and birthdate.

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