HRM FPX 5401 Assessment 3 Legal and Ethical Considerations in Healthcare Privacy: Brief HRM-FPX5401 The Legal, Ethical, and Regulatory Environment of Health Care

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Introduction

This briefing will explore research on best practices for preventing violations of the Health Insurance Portability and Accountability Act (HIPAA). The Health Insurance Portability and Accountability Act of 1996 (HIPAA) safeguards the privacy of personal medical information, prohibits discrimination based on health status in group health plans, and provides special enrollment opportunities for group health plans (Society for Human Resource Management, n.d.). Vila Health has experienced multiple HIPAA violations, prompting the HR director to seek improved processes. The HR professional aims to achieve this by adhering to HIPAA regulations and aligning the organization’s mission with legal compliance and ethical standards.

HIPAA Impacts on Regulatory Environment and Healthcare Industry

The healthcare industry is service-oriented and requires regulation to enforce government mandates. A regulatory system is essential for monitoring compliance with contractual obligations and legal requirements, thereby protecting public interest (Dr. L, 2021). Regulations play a crucial role in safeguarding healthcare professionals and ensuring that public health welfare is adequately served through health programs. HIPAA is vital for standardizing and overseeing the healthcare industry, ensuring compliance with public health policies, and providing safe care to all patients and visitors within the healthcare system.

HIPAA breaches can occur even in well-prepared healthcare organizations, but understanding common failings can enhance the likelihood of maintaining compliance with the Office for Civil Rights (OCR) (Hoskins, 2019). Recent incidents highlight the mistakes organizations have made. For instance, attorney Melissa Soliz reported that the OCR imposed a $2.15 million civil monetary penalty on a health system that lost paper records for over 1,400 patients, allowed a reporter to share a photograph of an operating room containing patient health information on social media, and had an employee who had been inappropriately accessing and selling patient records since 2011 (Hoskins, 2019). These errors could have been prevented through regular reviews of the organization’s security safeguards and by emphasizing to employees the importance of not taking health information outside the facility unless necessary and in accordance with established policies.

According to the Hospital Access Management, even the best policies can lead to HIPAA violations (Hoskins, 2019). Effective data management and restricted access can mitigate some of the human errors that contribute to HIPAA breaches. Strategies to achieve this include prohibiting access to and storage of health information on personal devices, such as laptops, cell phones, or tablets that are not approved for organizational use. Additionally, training staff on how to avoid cyberattacks, such as phishing emails, is essential to protect the organization’s protected health information (PHI). If employees have limited or no access to PHI, they cannot inadvertently release it (Hoskins, 2019).

Legal and Ethical Basis for Patient Privacy

A primary objective of the Privacy Rule is to ensure that individuals’ health information is adequately protected while allowing the necessary flow of information to provide and promote high-quality healthcare and protect public health and well-being (U.S. Department of Health and Human Services, n.d.). Respecting patient confidentiality is both an ethical and legal obligation for healthcare professionals and is fundamental to care excellence (Teg, 2022). Confidentiality involves restricting personal information from unauthorized individuals, and every patient has the right to confidentiality and private communication that is not disclosed without their consent.

Healthcare professionals are legally required to handle all patient information securely and privately. Improper disclosure of sensitive data can jeopardize patient safety. Upholding confidentiality not only reflects ethical behavior but also fosters positive and professional trust between patients and healthcare providers. In 1998, the Data Protection Act was enacted, establishing guidelines and principles for maintaining the integrity of patient privacy.

The Data Protection Act and Its Importance

The Data Protection Act was established to safeguard personal data and provide guidelines for its handling (Teg, 2022). Ensuring the confidentiality of information not only fulfills the legal obligations imposed on healthcare institutions but also represents a fundamental moral duty that underpins ethical healthcare delivery.

HIPAA Compliance and Quality Healthcare Delivery

As previously mentioned, HIPAA guidelines restrict the use and disclosure of protected health information to p