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Ethics in Health Care Table of Contents Abstract 3 Patient Rights 4 Access to Health-Care Data 5 Health Insurance Portability and Accountability Act (HIPPA) 6 Health Care and the elderly 7 Decision-making in health care 8 Synthesis 11 Conclusion 13 ABSTRACT Health care organizations have a tradition of concern about moral issues and the application of ethics to the decision-making process. This tradition is due, in part, to the tenets of the Hippocratic Oath, the historical involvement of religious groups in health care, the values of individuals who choose health care careers, and the codes of ethics of the various professional organizations to which health care workers belong. Health care organizations, because they provide a minority of their services gratis, are in the business of health care. The precepts of the business can be compatible with the endeavor of health care as well as all other types of business as long as there is responsible leadership.
Many people consider health information to be highly sensitive which deserves the strongest protection under the law. For years, it has been the doctor-patient privilege and the laws instituted in states that were to protect health care data. With the advent of technology, health care data is now processed automatically or recorded manually and is part of a filing system. New advancements bring risks to health care information, thus, a need of new and applicable approach of protecting them. This paper looks at the ethics in securing health information in healthcare and then delves into the decisions that health care workers encounter in providing service to the elderly in particular. The extent of privacy protection given to medical information greatly depends on the location of the records and the purpose for which the information was compiled.
The laws implemented on health care data have one and the same goal, that is, to protect and preserve the individuals right to privacy. The Data Protection Act 1998 (DPA) executes protection of individuals with regard to the processing of personal data, both manual and electronic records, and on the free movement of such data (United Bristol Health Care). Research work using existing data and stored samples must have permission from the Caldicott Guardian. The Caldicott Principles applies in addition to the requirements of the Data Protection Act 1998.
These principles are: (1) Justify the purpose (s); (2) Dont use patient-identifiable information unless it is absolutely necessary; (3) Use the minimum necessary patient-identifiable information and; (4) Access to patient-identifiable information should be on a strict need to know basis (United Bristol Health Care). The recent legislation is the Health Insurance Portability and Accountability Act and will be discussed in another section. Patient Rights A patient has the right to gain access to and obtain a copy of his / her own health records. The patient, too, could request corrections of errors that the patient finds or include the patient's statement of disagreement if the institution believes the information is correct.
He receives an accounting of how their information has been used including a list of the persons and institutions to whom data has been disclosed as well as request limits on access to, and additional protections for, particularly sensitive information. He could request confidential communications of particularly sensitive information. And last but not the least he could complain to the facility's privacy officer if there are problems and pursue the complaint with the US Department of Health and Human Services' Office of Civil Rights if the problems are not satisfactorily resolved (University of Miami Ethics Program, 2005). Access to Health-Care Data Generally, access to ones records is obtained when one has agreed to let others see them. All health care data are shared by a wide range of people both in and out of the health care industry. The following have access to an individuals medical information: (1) Insurance companies usually require you to release your records when one applies for a health insurance before they will issue a policy or make payment under an existing policy. (2) Government agencies may request medical records to verify claims made through Medicare, MediCal, Social Security Disability, and Workers Compensation. (3) The Medical Information Bureau (MIB) is a central database of medical information shared by about 600 insurance companies primarily to obtain information about life insurance and individual health insurance policy applicants.
All significant medical conditions are reported to the MIB by insurance companies. The information contained in a typical MIB record is limited to codes for specific medical conditions and lifestyle choices. (4) Employers usually obtain medical information about their employees, as part of a job application process and / or background check, by asking employees to authorize disclosure of medical records. Laws in a few states require employers to establish procedures to keep employee medical records confidential. (5) If an individual is involved in a litigation administrative hearing, it is possible that the court subpoenas the persons medical records and relevant parts may be copied and introduced in court. (6) Other disclosures of medical information occur when medical institutions such as hospitals or individual physicians are evaluated for quality of service in order for them to receive license. (7) Medical information is used for health research and may be disclosed to public health agencies like the Centers for Disease Control although names are usually not given to researchers. (8) Medical information may be passed on to direct marketers in informal health screenings like tests for cholesterol levels, blood pressure, weight and physical fitness. These screenings are often done at pharmacies, health fairs, shopping malls, or other nonmedical settings. The information collected may end up in the data banks of businesses which have products to sell related to the test. (9) A large amount of health-related information is found on the Internet through Usenet news groups, websites and "chat" rooms on health related issues.
There is no guarantee that information disclosed in any of these are confidential. (Privacy Rights Clearinghouse, 2005) Health Insurance Portability and Accountability Act (HIPPA) Health Insurance Portability and Accountability Act (HIPAA) regulations are divided into four Standards or Rules: Privacy, Security, Identifiers, and Transactions and Code Sets (TCS). The Privacy Rule sets standards on how protected health information (PHI) in any form or medium should be controlled and extends to every patient whose information is collected, used or disclosed by covered entities. It imposes responsibilities on the entire workforce of a covered entity -- including all employees and volunteers -- in order to secure those rights. It also requires contractual assurances for any business associates of health care institutions that handle health care information on a covered entity's behalf (University of Miami Ethics Program, 2005).
The Security Rule covers only PHI that is electronically stored or transmitted by covered entities. Protection against unauthorized use or disclosure is also a core goal. This standard aims at assuring the integrity and availability of electronic PHI. The Security Rule addresses issues such as data backup, disaster recovery and emergency operations. (University of Miami Ethics Program, 2005) Regulations associated with the Identifier rule mandate uniform identifiers for plans, providers, employers and (perhaps also) patients. It is this standardization, along with the introduction of uniform transaction formats for electronic data interchange (EDI), that is expected to yield the efficiency savings of administrative simplification. (University of Miami Ethics Program, 2005).
The TCS Rule requires the uniformity of electronic interchange formats for all covered entities. Although health sectors have developed electronic data interchange standards, there is still a lack of common, industry-wide standards and is a major obstacle to efficiency and savings. The US Department of Health and Human Services selects which among these standards is the best and most efficient to cover entities. (University of Miami Ethics Program, 2005) Health care and the elderly Studies recognize that peoples lives are patterned as they age; groups and individuals differ from one another in later life (Understanding Aging as a Social Process, 2005). Culture also plays a very important factor that affects aging.
More often than not, the kind of culture one belongs to has great influence to the kind of thinking one has. Inaccurate beliefs and misconceptions about aging are taken into consideration in assessing ones process of growing old. Myths, as dictated by culture, are not only patterns of ones beliefs and expectations but they have also social and personal consequences for the elderly that can shape social policy (Understanding Aging, 2005). For the common, elderly person in America, their problems become more pronounced as they age.
The elderly and aging population in the United States is increasing ever more and such ill-effects of old age occur more often such as injuries, disabilities, emotional pain and worst-case scenario, suicide. This paper looks into the plight of the elderly population and presents how the different ways they are present treated are seen as a kind of abuse of this sector of the population. Without any participatory work done by the ones who are able-bodied, the elderly of America might not be as safe and as well-taken care of as they should be. Bottom line is that the quality of life of elderly people should not be compromised just because they have already finished their foremost contribution to society through hard labor. Health workers encounter a lot of ethical decisions with regards to the elderly (OKeeffe). Decision-making in health care Health care workers, for instance, in elderly nursing homes are burdened with so many decision-making responsibilities to take care and ensure that people who avail of their services are attended to and such services are sustained long-term.
These efforts are also coupled with corresponding financial burden to sustain the expenses that go with the various challenges that confront them. Retiree assistance, funds from...
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Research essay sample on Ethics In Health Part 1
