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Legal and Ethical Issues - Research Paper Example

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Health Insurance Portability and Accountability Act (HIPAA) is designed to enable the researchers to obtain Protected Health Information in the course of their research. These researchers include those in medical and other health related disciplines. They require access to…
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Legal and Ethical Issues

The rules permit covered entities such as hospitals, clinics and health care providers in general to release de-identified data without obtaining an authorization. There are no further restrictions upon use or disclosure because de-identified data is not personal health information and, therefore, not subject to the HIPAA rules. Therefore during a research study, a researcher can obtain the data required under this provision.
The right to anonymity and confidentiality is an important part of the rule. This rule can be applied during the study through involving the subject directly. Here, the researcher can apply the confidentiality clause during the study by letting the test subject decide on what to avail to the public. The rules contain criteria for the alteration of the authorization requirement by an IRB or another review body called a Privacy Board. This works well for a study in which one does not wish to follow all the tiresome steps.
The use of war victims in the recent past as test subjects without their consent or that of their families has led to a public outcry. Consequently, the rule on right to fair treatment and protection from harm was created. In the medical study one considers that the subjects are human and therefore avoids causing harm to them.
Macklin (2004) notes that there are a number of marginalized populations where the rules of ethical treatment and legal actions are not followed. Such include case studies of Ebola in Central Africa and other areas close by. The application of the HIPAA rules can be achieved through incorporation of the basic rules in the recent studies by creating a compiled set of ground rules to follow in the study ... Read More
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