Health Care Practitioners Are Ethically Bound To Respect ✓ Solved

Health care practitioners are ethically bound to respect the

Health care practitioners are ethically bound to respect the patient’s dignity and to make a positive effort to secure a comfortable and considerate atmosphere for the patient in such ways as providing appropriate gowns and drapes, private facilities for undressing, and clear explanations for procedures. There are guidelines to help all health care providers stay within the scope of their practices and operate within the law and the policies of any employing health care facility.

Consider the following case from the course scenario on St. Michael's Medical Center. Case III: Grandpa Peter and Grandma Lucy An elderly patient, Grandma Lucy, had an advanced directive not to resuscitate (called DNR, which stands for do not resuscitate) even at the point of death. She had already willed some of her assets to her 20-year-old son Phillip. She gave her husband medical power of attorney (i.e., the sole right to decide action if she becomes incapacitated). Grandpa Peter has been making decisions since Grandma Lucy was diagnosed with Alzheimer's disease. One day, a nurse named Andrea overheard Grandpa Peter discussing insurance benefits with a female friend. Nurse Andrea discussed the issue with a friend at home and felt that Grandpa Peter's intent was unfair to Grandma Lucy and decided to ignore the DNR order. The next day, Grandma Lucy coded, and Nurse Andrea resuscitated her. Thinking nobody saw her, nurse Andrea denied her action. She failed to realize that she was on live camera. Aside from that, she called Phillip and revealed Grandpa Peter's alleged intent and disclosed his mother's medical records to him, hoping to stop Grandpa Peter's actions. To avoid any suspicions, Nurse Andrea sent relevant patient information to Philip via email and to others over the phone. Again, Nurse Andrea was caught in the act. Grandpa Peter sued the hospital for Nurse Andrea's actions. Additional issues of concern were raised when Grandma Lucy developed bedsores due to poor quality care. On investigation, the ethics committee discovered that the personal care assistants did not honor the rule of turning bedridden patients every 2 hours. Grandpa Peter became furious with the hospital staff and filed a lawsuit for denying patient autonomy and for abandonment. This type of patient neglect is an example of a lack of interdisciplinary teamwork.

In a 5-page paper, analyze the case by addressing the following issues: What is the present status on patient rights under the Health Insurance Portability and Accountability Act (HIPAA), and how were these rights violated in this case? Were Nurse Andrea's actions right? Explain your comment. What is the present status on patient rights under the Affordable Care Act (ACA), and how do these rights protect Grandma Lucy and Grandpa Peter? What are the ACA mandates that providers must honor regarding patient rights and benefits and that Grandma Lucy and her son Phillip could benefit from? How do you use these mandates to resolve ethical dilemmas in healthcare? What are some relevant healthcare laws enacted in the last 2 decades that could be applied in this case? How could you, as the new chief executive officer (CEO) of St. Michael's Medical Center, prevent these ethical violations from taking place?

Please cite learning resources in APA format. Reference Judson, K., & Harrison, C. (2021). Law and ethics for healthcare professionals (9th ed.). New York, NY: McGraw-Hill Education.

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Paper For Above Instructions

The case of Grandma Lucy and Grandpa Peter at St. Michael's Medical Center raises significant ethical and legal questions about patient rights and the responsibilities of healthcare practitioners. In this analysis, I will address the patient's rights under the Health Insurance Portability and Accountability Act (HIPAA) and the Affordable Care Act (ACA), evaluate Nurse Andrea's actions, and propose measures that could be taken to prevent such ethical violations in the future.

Patient Rights Under HIPAA

HIPAA, enacted in 1996, aims to safeguard the privacy and security of individuals' health information. It grants patients specific rights over their health information, including the right to access their medical records, request corrections, and receive notifications of breaches of their data (U.S. Department of Health and Human Services, 2021). In the case of Grandma Lucy, Nurse Andrea's actions constituted a direct violation of HIPAA regulations. By disclosing Grandma Lucy’s medical records to Phillip and discussing her DNR status without her consent, Nurse Andrea failed to uphold the confidentiality that HIPAA mandates. This breach not only undermines Grandma Lucy's autonomy but also exposes the hospital to legal repercussions for violating patient privacy rights (Gordon, 2020).

Evaluation of Nurse Andrea's Actions

Nurse Andrea's decision to ignore the established DNR order represents a grave ethical breach. She acted based on her personal judgment about what she perceived as Grandpa Peter's unfair intentions towards Grandma Lucy. In healthcare, practitioners are required to adhere to patient wishes as documented in advanced directives unless there is clear evidence to challenge those wishes (Miller, 2019). By resuscitating Grandma Lucy against her expressed desires, Nurse Andrea not only violated ethical guidelines but also jeopardized her career and the trust placed in medical professionals.

Patient Rights Under the Affordable Care Act

The ACA, implemented in 2010, aims to enhance patient rights and access to healthcare. Patients now have the right to obtain preventive services without incurring out-of-pocket costs, housing protections for individuals with pre-existing conditions, and safeguards against arbitrary cancellation of insurance policies (U.S. Department of Health and Human Services, 2022). In the context of Grandma Lucy and Grandpa Peter, the ACA provisions could provide them both with greater access to quality health care services, fostering a system that respects patient autonomy and informed decision-making.

ACA Mandates for Patient Rights

Healthcare providers are required to respect patients' rights to participate in decisions regarding their care, to receive clear and understandable information about their condition, treatment options, and to ensure that their advanced directives, such as DNR orders, are respected (Pittman, 2020). For Grandma Lucy and Phillip, understanding these rights would empower them to advocate for appropriate care and challenge infringements on their autonomy.

Resolving Ethical Dilemmas in Healthcare

Utilizing ACA mandates allows healthcare providers to navigate ethical dilemmas by ensuring that patients and their families are properly informed and actively involved in their healthcare decisions. Education regarding patient rights can significantly mitigate the risk of ethical violations, as patients who understand their rights are more likely to advocate for themselves and report any breaches they observe (Roberts, 2021).

Relevant Healthcare Laws

Several healthcare laws enacted in the last two decades further safeguard patient rights, including the Genetic Information Nondiscrimination Act (GINA) and the Patient Protection and Affordable Care Act (PPACA). These regulations emphasize non-discrimination in healthcare access and promote transparency in healthcare practices (Oberlander, 2019).

Preventing Ethical Violations at St. Michael's Medical Center

As the new CEO of St. Michael's Medical Center, it is imperative to foster a culture of ethical practice that prioritizes patient autonomy and adherence to legal mandates. This can be achieved by implementing comprehensive training programs for all healthcare staff regarding patient rights and ethical decision-making. Regular audits and evaluations of patient cases should be conducted to ensure compliance with HIPAA, ACA, and other relevant laws (Martin, 2020). Furthermore, establishing a robust reporting system for ethical dilemmas will encourage staff to address concerns proactively rather than resorting to questionable decisions out of confusion or frustration.

Conclusion

The case of Grandma Lucy and Grandpa Peter highlights the importance of upholding patient rights within the healthcare system. Nurse Andrea's unethical actions not only compromised Grandma Lucy's autonomy but also put the hospital at risk for legal ramifications. By understanding and adhering to the established patient rights under HIPAA and the ACA, healthcare providers can better navigate ethical dilemmas and ensure that patients receive the respectful and dignified care they deserve.

References

  • Gordon, D. (2020). Understanding HIPAA and patient privacy. Journal of Healthcare Compliance, 22(1), 23-31.
  • Miller, R. (2019). Ethical responsibilities in patient care. American Journal of Nursing, 119(11), 45-52.
  • Martin, J. (2020). Leading ethical healthcare organizations: Best practices. The Healthcare Manager, 39(1), 15-28.
  • Oberlander, J. (2019). The future of health care requires a commitment to equity. Health Affairs, 38(10), 1631-1636.
  • Pittman, J. (2020). Patient empowerment and health outcomes: Analyzing the ACA's influence. Nursing Economics, 38(2), 80-85.
  • Roberts, S. (2021). Navigating ethical dilemmas in healthcare: A guide for professionals. Bioethics Journal, 35(2), 204-213.
  • U.S. Department of Health and Human Services. (2021). HIPAA for professionals. Retrieved from https://www.hhs.gov/hipaa/for-professionals/index.html
  • U.S. Department of Health and Human Services. (2022). The Affordable Care Act: Reforms for consumers. Retrieved from https://www.hhs.gov/healthcare/about-the-aca/index.html
  • Judson, K., & Harrison, C. (2021). Law and ethics for healthcare professionals (9th ed.). New York, NY: McGraw-Hill Education.
  • Smith, T. (2018). Current trends in patient rights and healthcare regulations. The Journal of Health Administration Education, 35(3), 289-302.