The Health Insurance Portability and Accountability Act (HIPAA). For this discussion, you will partake in a courtroom discussion based on a court case.
This is a dramatization of a real court case, and all members are expected to give their reason clearly.
Plaintiff (the person or entity who is suing another): Research the case and present evidence as to how you were wronged in the scenario. You must include the legal and ethical violations that occurred. You will support your suit by arguing your case for the jury. Post that you are the “PLAINTIFF” at the top of the page along with your REFERENCE list.
Defendant (the person or entity who is being sued by the Plaintiff): Research the case provided by the instructor, and present evidence as to how you did not act against legal and ethical standards. You must support your case and why the issue is not a violation. You will support your suit by arguing your case. Post that you are the “DEFENDANT” at the top of the page along with your REFERENCE list.
Jurors : Research the case, as well as the legal and ethical standards surrounding the issues from both sides. In your ARGUMENT, argue for your decision either in favor of the plaintiff or the defendant. You will present explaining the rationale behind your decision. DISCUSS whether you are “FOR THE PLAINTIFF” or “FOR THE DEFENDANT” at the top of the PAGE AND INCLUDE REFERENCE AT THE END.
The HIPAA Privacy Rule requires certain entities to protect the privacy and security of health information. The Rule also provides consumers with certain rights with respect to their information. This Rule applies to you if you are a HIPAA covered entity— a health plan, most health care providers, or a health care clearinghouse. It also applies if you are a business associate– a person or company that helps a covered entity carry out its health care activities and functions. Here are some highlights of the HIPAA Privacy Rule requirements for covered entities and business associates:
In order for you to use or disclose consumer health information for commercial activities besides treatment, payment, health care operations, or other uses and disclosures permitted or required by the Privacy Rule, the consumer must first give you written permission through a valid HIPAA authorization.
HIPAA authorizations provide consumers a way to understand and control their health information. The authorization must be in plain language. If people can’t understand it, then it isn’t effective. Think about who, what, when, where and why. Explain who is disclosing and receiving the information, what they are receiving, when the disclosure permission expires, where information is being shared, and why you are sharing it.
The authorization must include specific terms and descriptions. For example, if you want consumers to authorize you to share their health information, you need to tell them specifically how it will be used – for example, by a pharmaceutical company for marketing purposes, a life insurer for coverage purposes, or an employer for screening purposes.
U.S. Department of Health & Human Services – Office for Civil Rights Headquarters. (2019). Sharing Consumer Health Information? Retrieved from https://www.hhs.gov/hipaa/for-professionals/special-topics/hipaa-ftc-act/index.html?language=en
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COLLAPSE SUBDISCUSSIONKevin Hayes
Plaintiff – represent them
Defendant – Pending – Ashford Hospital: One student to represent the hospital
PLEASE READ THE SCENARIO CASE BELOW: DECIDE FROM A PLAINTIFF VIEW, DEFENDANT VIEW AND JUROR VIEW WHO ARE YOU FOR AS A JUROR.
A patient, who was both a patient and an employee of Ashford Hospital, alleged that his/her protected health information (PHI) was impermissibly disclosed to his/her supervisor. Ashford Hospital distributed an Operating Room (OR) schedule to employees via email; the hospital’s OR schedule contained information about the patient’s upcoming surgery. Information disclosed included, but was not limited to, his/her Social Security number, birth date, age, residence, insurance and/or payment information, former surgeries, former and current medications, past medical conditions, her primary care physician, her personal psychiatrist, and other health professionals that she had seen throughout the past year. The patient’s supervisor was not part of the OR team or the patient’s treatment team but was considered to be in a senior administrative position within the facility.
The Suit: The patient is suing Ashford Hospital for the improper release of her health information, protected under the Privacy Rule
REMEMBER TO CITE AND REFERENCE LABEL PLAINTIFF, DEFENDENT OR JUROR PLEASE. PLEASE PRESENT QUALITY WORK I NEED AN “A”. THANKS
VERY IMPORTANT REMEMBER TO INCLUDE ABOUT HIPAA- THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT, LAWS AND REGULATIONS AFFECTING PRIVACY AND CONFIDENTIALITY (PRIVACY ACT 1974), CONFIDENTIALITY MEDIATED BY TECHNOLOGY, FOR THIS ASSISGNMENT.