The Difference Between Public and Private Laws

Topics: Health care, Health care provider, Patient Pages: 2 (450 words) Published: March 27, 2012
Hit 261-1201B-02
Professor Mignott
Phase 1 DB2
Senteria Ashley

Public laws are any laws conducted by the state and federal laws. These laws are conducted by a branch called legislative. Private laws are a set of rules agreed upon by two parties. Public law and private laws are two totally different things. Private laws can become public laws if a contract or agreement is breached. Public laws have to be followed by everyone within in the state. There are severe consequences if the laws aren’t followed. An example of public laws includes criminal laws such as murder. Private laws would be signing a contract for a cell phone and you just completely stop paying the bill. This would be a breach of contract and you can get sued. By being sued it becomes a public law. Public laws and private laws are different by are related.

In August 2002, the Department of Health and Human Services (HHS) issued a rule giving patients certain rights to control their own personal health information. The rule also describes what health workers need to do to protect the privacy of their patients’ health information. The rule, known as the Privacy Rule, is part of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. The Privacy Rule protects patient health information by placing limits on how patient information can be used or disclosed (shared with others). The rule applies to any health care workers who send patient health information to others electronically. (Thomas P. Christensen). The only time its ok for a health information management technician to share information is in legal situations such as a subpoena I served. Another exception is if the patient gives permission to do so. When medical records get involved in the legal aspect of things, it’s usually by a lawyer. A few examples of a lawyer needing medical records would include social security, domestic violence case, divorce cases, worker’s comp claims and civil cases. To receive social...
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