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Professional Regulations and Criminal Liabilities

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Professional Regulations and Criminal Liabilities
Professional Regulations and Criminal Liabilities
Pearl Street
HCS/430
Joann Wilcox
February 13, 2011

Consumer concerns have increased over the past few years because of the dramatic changes in health care information and its’ delivery (Benfield, Ashkanazi, Rozensky 2006). Each day patients put their physical health and trust in the hands of health care providers. Unfortunately, there have been times when the treatment provided, whether accidental or intentional, has caused harm to the patient. Patients who have experienced injury have the right to lodge a complaint against that provider. Included in the possible reasons for civil complaints is the sharing of personal information, negligence, or assault. These injuries are considered civil wrongs and are covered under Tort Law. In recent years, with the advances in technology, patient privacy has become imperative. In order to protect patient privacy the Health Insurance Portability and Accountability Act of 1996 was enacted, and is part of the Department of Health and Human Services, regulated by the Office of Civil Rights. Health care providers must take care to protect the privacy of their patients at all times. HIPAA regulations provide a guideline to help protect not only the patient, but also employees, from divulgence of their personal information to non-involved third parties.
Providers of health care should be acquainted with the rules and regulations that guide HIPAA and the subsequent violations. Information is necessary to provide adequate and correct patient care. The guidelines to protect patient privacy should be followed but are open for interpretation. Providers should be steered by professional principals and ethics (Lo, Dornbrand, Dubler 2005). Health care providers must understand the difference between privacy and confidentiality. Privacy is the right of individuals to keep personal information restricted. Patients decide who has access to their information. Confidentiality is how



References: Benefield, H. Ashkanazi, G. Rozensky, R. (2006) Communication and records: hipaa Issues when working in a health care setting Professional Psychology; Research and Practice 37(3) 273-277 DOI 10.1037/0735-7028.37.3.273 Department of Health and Human Services (2011) What the OCR considers during intake & review Retrieved from www.hhs.gov Feb. 09, 2011 Department of Health and Human Services (20110) Enforcement process Retrieved from www.hhs.gov Feb. 09, 2011 Department of Health and Human Services (2011) How to file a complaint Retrieved From www.hhs.gov Feb. 09, 2011 Ives, E Lo, B. Dornbrand, L, Dublar, N. (2005) HIPAA and patient care: the role for professional judgment Journal of the American Medical Association 14(1) 1766-

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