What Regulations Exist To Safeguard Data And Patients?

What Regulations Exist To Safeguard Data And Patients When Using An Eh

What regulations exist to safeguard data and patients when using an EHR? What legal considerations play a role in use and maintenance of an EHR? What role does the nurse play in upholding legal, ethical, and regulatory integrity of the EHR? Why does JCAHO care about informatics? What can accreditation offer a hospital? If a facility is found non-compliant, what could be the result? Additionally, please read the below scenario and answer the following: If you were the privacy officer in your organization, how would you address the following? Tracking each point of access of the patient’s database, including who entered the data. Encouraging employees to report privacy and security breaches. The healthcare professionals are using smartphones, iPads and other mobile devices. How do you address privacy when data can literally walk out of your setting? You observe one of the healthcare professionals using his smartphone to take pictures of a patient. He sees you and says, in front of the patient, “I am not capturing her face!” How do you respond to this situation? McGonigle, D., & Mastrian, K. G. (2018).

Paper For Above instruction

Ensuring patient data security and confidentiality in electronic health records (EHRs) is governed by a comprehensive framework of regulations designed to protect patient rights and promote safe healthcare practices. The primary legislation in the United States includes the Health Insurance Portability and Accountability Act (HIPAA) of 1996, which establishes national standards for safeguarding protected health information (PHI) (U.S. Department of Health & Human Services, 2020). HIPAA mandates that healthcare providers implement safeguards to ensure data privacy and security, including administrative, physical, and technical measures to prevent unauthorized access or disclosure.

In addition to HIPAA, the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 strengthened HIPAA compliance, especially concerning the security of electronic health information, and incentivized the adoption of EHRs (Blumenthal & Tavenner, 2010). Legal considerations surrounding the use and maintenance of an EHR also include adherence to state laws, regulations related to record retention, and provisions for patient rights, such as the right to access and amend their health records (Menachemi & Collum, 2011). Healthcare professionals, particularly nurses, play a critical role in upholding these legal and ethical standards by accurately documenting care, maintaining confidentiality, and reporting breaches or suspicious activities.

The Joint Commission on Accreditation of Healthcare Organizations (JCAHO), now known as The Joint Commission, emphasizes the importance of health informatics because it directly impacts patient safety, quality of care, and organizational compliance. Accreditation by The Joint Commission ensures that hospitals meet rigorous standards related to patient safety, including the secure and ethical management of health information. Accreditation can offer hospitals accreditation status, which enhances reputation, fosters trust among patients, and can lead to financial incentives or reimbursements from payers (The Joint Commission, 2019).

Non-compliance with regulations such as HIPAA or JCAHO standards can lead to severe consequences, including hefty fines, reputational damage, legal actions, and loss of accreditation (U.S. Department of Health & Human Services, 2020). As a privacy officer, addressing the scenario of tracking all points of access involves implementing detailed audit trails that record user activity and data access. Encouraging a culture of transparency by promoting employees’ reporting of privacy or security breaches is essential to maintain trust and address vulnerabilities proactively.

Given the proliferation of mobile devices in healthcare, privacy concerns are heightened. For example, in the incident where a healthcare professional uses a smartphone to photograph a patient, it is crucial to respond assertively. You should remind the professional of the organization’s policies and legal responsibilities, emphasizing that capturing images of patients without explicit consent breaches confidentiality and HIPAA regulations. The professional must delete unintended images immediately, and the incident must be documented and reviewed to prevent recurrence (McGonigle & Mastrian, 2018). Furthermore, organizations should implement strict policies on mobile device use, provide ongoing staff education on privacy standards, and establish clear consequences for violations to uphold ethical practice and legal compliance.

References

• Blumenthal, D., & Tavenner, M. (2010). The" meaningful use" regulation for electronic health records. N Engl J Med, 363(6), 501-504.
• McGonigle, D., & Mastrian, K. G. (2018). Nursing informatics and the foundation of knowledge (4th ed.). Burlington, MA: Jones & Bartlett Learning.
• Menachemi, N., & Collum, T. H. (2011). Why health care information technology matters: A case for increased adoption. Journal of Medical Systems, 35(2), 301-306.
• U.S. Department of Health & Human Services. (2020). Summary of the HIPAA Privacy Rule. Retrieved from https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html
• The Joint Commission. (2019). Standards on health information management. Retrieved from https://www.jointcommission.org/standards
• HealthIT.gov. (2021). HIPAA and health IT. Retrieved from https://www.healthit.gov/topic/privacy-security/hipaa-and-health-it
• Office for Civil Rights. (2020). HIPAA Privacy Rule and Sharing Information with Family, Friends, and Others Involved in the Patient's Care. U.S. Department of Health & Human Services.
• Lehmann, C., & Berwick, D. M. (2019). Healthcare's digital transformation: Opportunities and risks. Health Affairs, 38(2), 142-149.
• Patel, V., et al. (2022). Mobile health technology and patient privacy: Challenges and solutions. Journal of Digital Health, 5(3), 120-127.
• Office of the National Coordinator for Health Information Technology. (2020). ONC Privacy and Security Guidelines. Retrieved from https://www.healthit.gov/topic/privacy-security