Health Insurance Portability and Accountability Act (HIPAA)
Discuss whether there has been a violation of Health Insurance Portability and Accountability Act (HIPAA)?
There are no court rulings that can shed light on the issue. However going by the given facts, it is as follows: "Dr. Williams shows Joan's medical records to a friend for advice. His friend tells Dr. Williams to contact his medical malpractice insurance carrier." The problem here is if the friend is also a medical practitioner, attorney or some person exempted under the act for disclosure. The issue is not clear. It is assumed that the friend is also a medical practitioner. In that case Williams can take a stand that there has been no violation of the act if the doctor passed on the information for consultation purposes, and this is very clear from section 45 CFR 160.103 according to which a business associate could be" legal; actuarial; accounting; consulting;" and so on. (U.S. Department of Health & Human Services, 2003a)
It also extends to laboratory technicians, and lawyers and insurers. The culpability comes if the information was disclosed to a third party who did not have an association with the entity- the clinic and was permitted to access the information. In such cases where the physician discloses information to another person who may be entitled to view the information then the issue of culpability does not arise. The privacy rule imposes conditions for the disclosure of medical information but it does not restrict the use of information or treatment, payment, and for public health purposes. (Chaikind, 2004)
On account of this if the information was given to the friend on a consultation basis there is no offence committed if it did not include passing...
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The dilemma is often easier to resolve once those emotions and assumptions are put into their rightful context. For this paper, critical thinking came into play was logic. It is understood that initially the nursing profession had issues with HIPAA. These issues were practical, however, and when the law was matched up against the underlying principles and the Code of Ethics, it became apparent that the guidelines that can be
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