The Consequences of a Breach of Healthcare Ethics
Question
The consequences of a breach of healthcare ethics.
Complete the module readings. Review HIPAA Compliance and Enforcement: https://www.hhs.gov/hipaa/for-professionals/compliance-enforcement/index.html and Changes to HHS Interpretation of HIPAA Civil Monetary Penalty ( I can provide links if needed)
Compose an essay of at least 500 words.
The first six principles of the AHIMA Code of Ethics are pledges to uphold canons and conduct that relate to HIPAA privacy and security standards and related compliance legislation.
For each of these principles
Draw connections between the principle and HIPAA standards and related legislation.
Evaluate the consequences ( personal, civil, and criminal) that could occur when the principle is violated.
Provide use case examples where this has occurred, or synthesize what you have learned in this course to construct examples.
Demonstrate that you completed the assigned reading and understand it by using information from at least two of the given resources in addition to the AHIMA Code of Ethics. Include citations (in-text or parenthetical (Author, date)) in statements that include the thoughts or words
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Solution
The Consequences of a Breach of Healthcare Ethics
1.) Advocate, uphold, and defend the consumer's right to privacy and the doctrine of confidentiality in the use and disclosure of information (AHIMA, 2019).
The principle of advocating for the consumer's right to privacy is closely aligned with HIPAA's Privacy Rule, which protects individually identifiable health information. The Privacy Rule requires covered entities to create and implement written policies and procedures that protect patient information, and it imposes limits on how covered entities can use and disclose protected health information.
If a healthcare provider does not uphold the consumer's right to privacy, they could face civil penalties from the HHS Office for Civil Rights for violating the Privacy Rule (HIPAA Journal, 2020). Criminal penalties could also be imposed for more serious violations of the Privacy Rule, such as illegally obtaining or disclosing protected health information.
2.) Put service and the health and welfare of persons before self-interest and conduct oneself in the practice of the profession so as to bring honor to oneself, their peers, and to the health information management profession (AHIMA, 2019).
The principle of putting service before self-interestis also closely aligned with HIPAA. The HIPAA Security Rule requires covered entities to protect electronic protected health information (ePHI) from unauthorized access, use, or disclosure (Otava, n.d.). This includes implementing administrative, physical, and technical safeguards to protect ePHI.
If the healthcare provider does not put service before self-interest and conduct himself or herself in a dishonorable manner, they could face civil penalties from the HHS Office for Civil Rights for violating the Security Rule. Criminal penalties could also be imposed for more serious violations of the Security Rule, such as intentionally accessing or disclosing ePHI without authorization.
3.) Respect the individual and the inherent dignity of every person (AHIMA, 2019).
The principle of respecting individuals is also reflected in HIPAA. The HIPAA Privacy Rule requires covered entities to protect the privacy of their patients, and it imposes limits on how covered entities can use and disclose protected health information (HHS.gov, 2002).
If a healthcare provider does not respect the individual, they could face civil penalties from the HHS Office for Civil Rights for violating the Privacy Rule. Criminal penalties could also be imposed for more serious violations of the Privacy Rule, such as illegally obtaining or disclosing protected health information.
4.) Refrain from discrimination in the delivery of healthcare services (AHIMA, 2019).
The principle of nondiscrimination is also reflected in HIPAA. The HIPAA nondiscrimination rule prohibits covered entities from discriminating against individuals based on race, color, national origin, sex, age, or disability.
If a healthcare provider does not adhere to the principle of nondiscrimination, they could face civil penalties from the HHS Office for Civil Rights for violating the HIPAA nondiscrimination rule (HIPAA Journal, 2020). Criminal penalties could also be imposed for more serious violations of the HIPAA nondiscrimination rule, such as intentionally discriminating against an individual based on their race, color, national origin, sex, age, or disability.
5.) Advocate for the consumer's right to privacy (AHIMA, 2019).
The principle of advocating for the consumer's right to privacy is also reflected in HIPAA. The HIPAA Privacy Rule requires covered entities to protect the privacy of their patients, and it imposes limits on how covered entities can use and disclose protected health information (HHS.gov, 2002).
If a healthcare provider does not advocate for the consumer's right to privacy, they could face civil penalties from the HHS Office for Civil Rights for violating the HIPAA Privacy Rule (HHS.gov, 2002). Criminal penalties could also be imposed for more serious violations of the Privacy Rule, such as illegally obtaining or disclosing protected health information.
6.) Respect the confidentiality of health information (AHIMA, 2019).
The principle of respecting the confidentiality of health information is also reflected in HIPAA. The HIPAA Privacy Rule requires covered entities to protect the privacy of their patients, and it imposes limits on how covered entities can use and disclose protected health information.
If a healthcare provider does not respect the confidentiality of health information, they could face civil penalties from the HHS Office for Civil Rights for violating the HIPAA Privacy Rule (HIPAA Journal, 2020). Criminal penalties could also be imposed for more serious violations of the Privacy Rule, such as illegally obtaining or disclosing protected health information.
References
AHIMA. (2019, April 29). AHIMA Code of Ethics. Retrieved from AHIMA: https://bok.ahima.org/doc?oid=105098#.YhwAMuhByUk
HHS.gov. (2002, December 19). Is a covered entity liable for, or required to monitor, the actions of its business associates? Retrieved from HHS.gov: https://www.hhs.gov/hipaa/for-professionals/faq/236/covered-entity-liable-for-action/index.html
HIPAA Journal. (2020, Jun 23). May 2020 Healthcare Data Breach Report. Retrieved from HIPAA Journal: https://www.hipaajournal.com/may-2020-healthcare-data-breach-report/
Otava. (n.d.). The HIPAA Security Rule? Retrieved from Otava: https://www.otava.com/reference/what-is-the-hipaa-security-rule/
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