The Consequences of a Breach of Healthcare Ethics

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/