Legal obligations of confidentiality. Various federal and state laws are committed to maintaining the confidentiality of personal health information. These laws can be divided into two categories: those that impose confidentiality obligations on recorders and those that protect health information, which are considered highly sensitive. Among the first are the general privacy laws governing health information, such as the Uniform Health Care Information Act (National Conference, 1988) and the California Medical Information Privacy Act (California Civil Code, §§ 5656.37 ), as well as various state and Medicare and Medicaid regulations. Laws and regulations that impose confidentiality requirements for sensitive personal health information include those relating to alcohol and drug abuse records, as well as laws that require the confidentiality of records of patients with acquired immunodeficiency syndrome (AIDS), antibody test results for the human immunodeficiency virus (HIV), psychiatric and developmental disability records, and information on regulating the results of genetic screening and testing. The committee`s dominant assumption is that HDO politicians will be pressured to develop effective privacy safeguards. They will also have flexibility in the development and implementation of these safeguards and will have a significant opportunity to develop domestic safeguards before public or legislative pressure is exercised. The development of computerized databases can be seen as a way to give people more confidence and real control over their personal information. In examining possible data protection policies, Gostin (1993) asked seven questions about the human rights implications of disclosure that should be addressed prior to data collection. The challenge for HIM professionals in defining the statutory health record or overall record is to determine which data elements, electronically structured documents, images, audio files, and video files to include. The primary consideration when defining the statutory health record and the named record should always be the need for immediate and long-term care for patients. A HIM committee, composed primarily of members of the patient care team, can lead this process. Members of this committee should decide what information is clinically significant.† General Administrative Items.
Health advocacy organizations should develop and disseminate strong internal health information protection policies and procedures, information disclosure strategies, and evaluation studies. The Committee also points out that these guidelines, which it expects will be adopted by the data protection boards, concern in particular the following administrative points: further conflicts will arise and the concentration of so many types of information in a single HDO will encourage their subsequent creation. In the future, therefore, a code of equitable health information practice may be necessary. It doesn`t have to be exactly like the federal data protection law; In fact, there would likely be additional provisions to control the use of health data. The following table, “Guidelines for Defining Health Records for Legal Purposes,” divides the health record into four categories to provide guidance to assist health organizations in defining the content of their regulatory acts. Very different informational interests also call into question the effectiveness of exclusivity. A patient has an interest in obtaining health information to obtain the right health care and the right time, cost and level of protection for their privacy, financial rights and autonomy. The health care provider has an interest in treating the patient professionally, as well as promoting research, improved health care and effective services.
Commercial enterprises may try to be competitive or simply earn rents without considering welfare gains. Commercial data platforms have an interest in acquiring and transferring information as a service. None of these stakeholders may actually require exclusivity. In what follows, the Committee proposes definitions of key terms – privacy (in particular confidentiality of information), confidentiality, security and health information. Originally, protected health information was intended to apply to paper records. Since the passage of HITECH and the replacement of paper health records with EHRs, HIPAA has increasingly regulated electronically stored patient records. HIPAA rules also govern paper and electronic data, but there are differences between the two formats. Good information practice24 involves collecting, transmitting and storing only the necessary information.
They imply (unless expressly requested) that the data will not be collected for illegal purposes. Therefore, appropriate preventive legislation should also provide for enforcement by public officials and injured private parties and provide for penalties for violations of the law. These may include civil damages, equitable remedies and, where appropriate, attorneys` fees. It will be important for legislation to clarify whether individuals have standing. Health Insurance Portability and Accountability Act (HIPAA): Federal legislation designed to protect the privacy and security of patient health information created or maintained by healthcare providers, health plans, healthcare information clearinghouses, and their business partners.