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Administrative Ethics - Assignment Example

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As a multifaceted federal law, HIPAA offers assurance to the public regarding pre-existing health situations and governments’ ability to offer health care services to patients under specific situations…
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Administrative Ethics
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? Administrative Ethics Danni LaFond HCS/335 June 9, Beryl Keegan Administrative Ethics As a multifaceted federal law, HIPAA offers assurance tothe public regarding pre-existing health situations and governments’ ability to offer health care services to patients under specific situations (Dreyzehner, 2013). For instance, HIPAA’s provisions focus on offering protection to the members of the public through employment-based plans (Steinberg & Rubin, 2009). In this case, these provisions have guaranteed enrollment in the group health plans, based on the health conditions. Equity is very important in the realization of the economic, social and political development of a country since people have a role to play, either directly or indirectly. Furthermore, the Constitution ensures protection of rights vested in each individual to prevent exploitation; in fact, failure to uphold its contents leads to punishment of the offenders. Existence of malpractices in the medical field, the introduction and implementation of HIPAA was a relief to many, especially the discriminated; HIPAA eliminates chances of discrimination, which would result in exclusion of some employees from participating in a health plan (Span, 2013). Nonetheless, this paper will focus on exploring issues regarding administrative ethics by segregating the discussion into different modules that enhance understanding. HIPAA has altered conditions affected by pre-existing conditions of exclusion during a period of a health plan, though this is not responsible for catering for the cost during these conditions. However, HIPAA does not focus on prohibiting exclusions; in fact, the limitations are not imposed for a period exceeding 12 months after initial enrollment into a health plan. Furthermore, a concept established through HIPAA and referred to as creditable coverage, offers credit for the duration insured by a plan. Nevertheless, HIPAA is also applicable in the pre-existing situation that involves exclusion duration with a new plan. HIPAA has ensured that before the coverage, there is no creditability in the situation involving a gap of more than 63 consecutive days under the coverage. HIPAA has a significant impact on the growing elderly population despite the challenging economic conditions and regulatory environment. Moreover, there is an increasing demand for new forms of treatment and medicine for illnesses. This has called for a reexamination of the impact resulting from HIPAA privacy regulations (Dreyzehner, 2013). The other impact of HIPAA involves provision of a significant condition of flexibility, which revolves around implementation of the intent of a particular market of reforms. For instance, these provisions have ensured that group health insurance plans are maintaining their coverage, thereby avoiding denial of individual insurance (American Medical Association, 2013). Furthermore, there are programs, which focus on ensuring that people acquire health care coverage of their choice. For instance, HIPAA has enabled meeting of requirements by high-risk pools in 22 states; this leads to expansion of the existing risk pool. HIPAA privacy rule regulates issues regarding patients’ privacy, through establishment of perspectives to research focusing on safeguarding and stringent definition of information referred to as Protected Health Information (PHI) (Dreyzehner, 2013). For instance, HIPAA regulates information transmitted through electronic means such as, media or a form of medium identified by an individual. Consideration of PHI involves a need to focus on information covered by an entity; in fact, this provision applies to health care plans (Dreyzehner, 2013). On the other hand, there are barriers that have caused serious difficulties in the process of undertaking research due to information withheld. There are medical laws implemented to regulate the functions of medical facilities in the process of offering health care services to patients. Given that people live in a litigious society; there are likely patients, relatives, and other parties making decision to engage in lawsuits with health care practitioners (Steinberg & Rubin, 2009). This is mainly due to the conflicting perceptions on how certain issues are addressed; health care practitioners guided by their professional code of conduct, may make decisions that contradict the thinking of other people. In other cases, lawsuits due to cases that involve manufacturers of certain medical equipment or products, which are unacceptable, do exist. In this case, this has led to a need for comprehending medical law, ethics and HIPAA provisions that regulate sharing of protected health information (PHI), which ensures sanity in the provision of various services and selling of various medical equipment used in the health care sector. Medical practitioners study law and ethics due to the need for developing high professionalism that assists people in offering their competence and compassionate health care services to patients. Furthermore, understanding of these laws and ethics assists health care practitioners in evading getting involved in legal problems, which poses threats to their career. Many hours may be used, while listening to the petitions and if found guilty, the practitioner may lose his or her work, or have it greatly affected. Changes experienced around the world have led to an increased number of legal and ethical issues in society, among patients, and health care practitioners. On the other hand, advancement in technology has led to establishment of solutions to various ethical issues, though negative impacts realized due to its development do prevail; the pros outweigh the cons and thus its application is highly recommendable. Therefore, this calls for involvement of social issues experienced by decisions such as reproductive rights, stem cells research and handling of sensitive medical information (Dreyzehner, 2013). Relevance of medical ethics has increased significantly in the medical practice; in fact, this facilitates following of ethical codes, which is a crucial element of this occupation. On the other hand, ethics deals with principles of distinction between right and wrong based on the requirements by the law. Compliance with these professional standards leads to a reflection of ideas focused on meeting public expectations based on ideas and behaviors enforced by law. Given that some laws based on ethical consideration, health care practitioners observe professional, ethics that depict a positive impact based on their reputation and achievement of their objectives. Apparently, the medical organization follows guidelines that are acceptable and preferred, such as etiquette, medical assistance, and established principles of medical ethics; for instance, the expectation of insurance companies to formulate fair payment policies. Each person plays a significant role in ensuring that the offering of various health care services is successful. The patients have to play their role effectively, whereas nurses have to offer quality services. Managers have responsibilities with administrative ethical issues to ensure that physicians and staff members are taking the legal obligation of maintaining confidentiality concerning patient information (Sabatino, 2012). In this case, they should ensure that this information is not accessible to third parties without the patients’ consent and that staff access it on a need-to-know basis. This prevents the client from falling victims of critics during and after the treatment, which might greatly affect his or her recovery process: a settled mind without frustrations hastens recovery. On the other hand, managers focus on controlling the department to ensure effective maintenance and handling of patients’ coded records concerning their diagnoses and relevant billing information. Managers appoint staff members with necessary skills and reasoning, who can facilitate compliance with ethical standards. This is very important in winning confidence from the clients; trust and confidence are useful in ensuring long and fruitful relationship between the parties involved. Managers discourage employees from discussing the patient or the patient’s condition outside the institution to ensure employees do not violate HIPAA; therefore, the managers ensure that patients waive their right to confidentiality by themselves (Sabatino, 2012). HIPAA provisions solve some problems identified in health care services; however, implementation of these provisions should be in a way that does not impede communication with other parties such as family and friends. In fact, implementation of these rules can serve as a way of guiding health care professionals to share information with necessary parties such as spouses, families and friends. The patient has a chance to make his or her own decisions, while the doctors cannot discuss this information with family members and other parties identified by the patient. This is because the decision of the patient is important in his or her diagnosis, as when adhered to, it will make him settled despite the condition he or she is suffering from. However, there are situations that involve a patient not presented in a way to obtain consent from the patient, such as emergency or incapacity. Solving these problems, health care practitioners such as nurses and physicians take duties that involve maintenance of confidentiality concerning patient’s information. For instance, there are cases in which health care practitioners discuss issues regarding patients’ medical issues through their cell phone instead of holding the discussion in person. Nevertheless, recognition of family members does not imply irresponsible disclosure of information regarding personal medical status. Instead, this requires disclosure of particular information based on the condition presented and the danger involved. References American Medical Association. (2013). HIPAA: Health Insurance Portability and Accountability Act. American Medical Association. Retrieved from http://www.ama-assn.org/ama/pub/physician-resources/solutions-managing-your-practice/coding-billing-insurance/hipaahealth-insurance-portability-accountability-act.page. Dreyzehner, J. (2013). HIPAA: Health Insurance Portability and Accountability Act. Department of Health. Retrieved from: http://health.state.tn.us/HIPAA/. Sabatino, C. (2012). Confidentiality and HIPAA. Merck Manual: Patients & Caregivers. Retrieved from: http://www.merckmanuals.com/home/fundamentals/legal_and_ethical_issues/confidentiality_and_hipaa.html. Span, P. (2013, March 27). A privacy law often misinterpreted. The New York Times. Retrieved from http://newoldage.blogs.nytimes.com/2013/03/27/a-privacy-law-often-misinterpreted/. Steinberg, M., & Rubin, E. (2009). The HIPAA privacy rule: Lacks patient benefit, impedes research growth. Association of Academic Health Centers. Retrieved from: http://www.aahcdc.org/Portals/0/pdf/AAHC_HIPAA_Privacy_Rule_Impedes_Research_Growth.pdf. Read More
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