Final Paper: The Final Assignment For This Course

Final Paperthe Final Assignment For This Course Is A Final Paper

The final assignment for this course is a Final Paper. The purpose of the Final Paper is for you to culminate the learning achieved in the course by applying your knowledge in the field of health care ethics and medical law through the analysis of an actual case regarding an ethical dilemma. Focus of the Final Paper Review the three scenarios below. Choose one of them and address the questions asked within your selected scenario in the form of a written analysis.

Scenario No. 1: HIPAA Privacy Rule Case Study: Imagine that you are the privacy officer for a small town hospital. You receive a report that there is a breach of privacy. You are informed that a 15-year-old girl is received at the emergency with an emergency labor. The baby is delivered in the emergency room as there is no time to move the patient to the obstetrics (OB) department. In addition to the emergency delivery, the baby is born with multiple medical problems.

Once the mother and baby are moved to obstetrics and neonate, care is given to both. The OB nurse who took care of the mother and baby completes her shift, and she goes home to her own daughter to have a talk with her. She sits her daughter down and pleads with the girl to tell her if she ever has any problems, especially when it comes to pregnancy. The nurse tells her daughter the story about the young patient who delivered that evening, and she accidentally mentions the patient’s name. The patient’s name is one of those odd names that immediately triggers the nurse’s daughter to relay that she knows the patient.

The mother/nurse, realizing that she made a big mistake by mentioning the patient’s name, pleads with her daughter not to say anything. Needless to say, word shoots through the four high schools in the town the next day. The nurse returns to work the following evening, and she contacts you to hand in her badge and keys, stating that she knows she made a mistake by breaching the young patient’s privacy and she knows she is going to be fired. In addition to the breach of the obstetrics nurse, you learn that the patient hid her pregnancy from her family, and to make matters worse, her aunt and mother are both nurses at the hospital. You know both of these nurses on a professional and personal level.

Scenario No. 1 HIPAA Privacy Rule Project Assignment: Research the HIPAA Privacy Rule here: U.S. Department of Health and Human Services. (2013). Health Information Privacy. Then, perform additional research regarding the HIPAA Privacy Rule and prepare your Final Paper by analyzing the issues through these questions in regards to the above scenario:

• Analyze the specific requirements needed to perform this investigation.
• Identify whether this incident was an actual breach of privacy according to the HIPAA law.
• Examine the differences and similarities between the hospital’s stance and HIPAA as to whether the nurse should be fired from her job.
• Explain why you would fire or not fire the nurse immediately or whether you would put her on administrative leave awaiting the details of the investigation.

Paper For Above instruction

The following comprehensive analysis delves into the critical issues surrounding the HIPAA Privacy Rule in the context of the scenario provided. It examines the legal and ethical obligations of healthcare professionals concerning patient privacy, explores the procedural requirements for investigating privacy breaches, evaluates the incident's classification under HIPAA, compares hospital policies with HIPAA regulations, and discusses appropriate disciplinary actions.

Understanding the specific requirements for conducting an investigation into a potential HIPAA violation is essential. According to the U.S. Department of Health and Human Services (HHS), a formal breach investigation must adhere to protocols that preserve the integrity of the evidence, ensure confidentiality, and uphold procedural fairness. This entails documenting the incident thoroughly, collecting relevant information discreetly, interviewing involved parties impartially, and maintaining a chain of custody for any evidence gathered (HHS, 2013). Additionally, HIPAA mandates that covered entities conduct thorough risk assessments to determine whether the breach has compromised protected health information (PHI). These assessments analyze the nature and extent of the breach, the types of information involved, and the potential harm to the patient.

Regarding the classification of the incident as an actual breach of privacy, it is evident that the OB nurse's disclosure of the patient's name constitutes a violation under HIPAA. The Privacy Rule strictly prohibits unpermitted disclosures of PHI without patient authorization or an applicable exception. In this case, the nurse shared identifiable health information with her daughter, who is not involved in the patient's care, thereby breaching confidentiality. This incident qualifies as a breach because it involves the improper dissemination of PHI outside the healthcare setting without consent, potentially leading to unauthorized disclosure to the wider community and harm to the patient's reputation or emotional well-being (HHS, 2013).

Comparing the hospital’s stance with HIPAA regulations reveals both commonalities and divergences. The hospital likely considers the nurse's actions as a serious breach warranting disciplinary measures, including termination. HIPAA also considers such disclosures as violations that can result in penalties, especially if the breach is found to be intentional or reckless (HHS, 2013). However, HIPAA emphasizes the importance of context, intent, and mitigation efforts. If the breach occurred inadvertently and the healthcare provider demonstrates prompt corrective action, some leniency might be warranted. Nevertheless, in cases involving unauthorized disclosures, HIPAA generally supports strict enforcement to deter future violations and protect patient privacy.

Deciding whether to fire the nurse immediately or place her on administrative leave involves assessing the severity and circumstances of the breach. Ethical and legal standards favor placement on administrative leave during the investigation to prevent further breaches and to demonstrate procedural fairness. Immediate termination may be justified if evidence suggests malicious intent, repeated violations, or severe harm caused to the patient. Conversely, if the breach was accidental and the nurse shows remorse and willingness to correct her behavior, a temporary administrative leave allows for a fair investigation and potential retraining. Ultimately, the decision should balance patient rights, institutional policies, and legal obligations, emphasizing due process and consistent application of disciplinary protocols (McGraw, 2010).

In conclusion, the scenario underscores the critical importance of strict adherence to HIPAA regulations and institutional policies to safeguard patient privacy. Proper investigation procedures, an understanding of legal mandates, contextual analysis of the breach, and fair disciplinary actions are vital components of effective healthcare privacy management. Healthcare organizations must foster a culture of confidentiality and continuous education to prevent such incidents, thereby maintaining trust and integrity in patient care.

References

• Department of Health and Human Services. (2013). Health Information Privacy. U.S. Department of Health and Human Services. https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/introduction/index.html
• McGraw, D. (2010). HIPAA privacy rule: How do we balance privacy and public health needs? Public Health Reports, 125(4), 510-515.
• Rosenfeld, R. (2019). Protecting patient privacy: The challenges of HIPAA enforcement. Journal of Healthcare Law & Policy, 22(3), 345-370.
• Adler-Milstein, J., et al. (2018). Building a culture of privacy in healthcare organizations. Healthcare Management Review, 43(2), 117-125.
• Sittig, D. F., et al. (2020). Navigating privacy and security challenges in health IT. Journal of the American Medical Informatics Association, 27(2), 173-181.
• HHS Office for Civil Rights. (2021). Summary of the HIPAA Privacy Rule. https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html
• Gostin, L. O., et al. (2021). Ethics and privacy in health data: Laws and frameworks. The Lancet Digital Health, 3(4), e157-e161.
• Bailey, C., & Schiltz, C. (2017). Ethical considerations in health information management. Journal of Medical Ethics, 43(8), 541-545.
• Casey, M. M., et al. (2019). Preparing healthcare staff for effective privacy compliance. Journal of Healthcare Compliance, 21(1), 21-28.
• Hodge, J. G. (2017). Privacy, confidentiality, and the ethics of health information. Journal of Law, Medicine & Ethics, 45(2), 172-177.