Law That Governs Protected Health Information - Term Paper Example

Title II is the Administrative Simplifications provision that dictates safeguards and ways sensitive health care information must be coded, released, and distributed.  In all, there are 18 identifiers that must be followed implicitly in order to avoid a breach of confidentiality.  (Jones, 2009)

Under HIPAA patients have the right to be educated regarding their health information and a clear definition of what will be done with that information, who has access to it; how it is stored, communicated, and distributed.  They also have access to their health information with the right to amend it, obtain copies of it, and know the history of to whom it has been distributed.  Before health care information can be released from the provider, the patient must sign an informed consent stating where the information will be distributed.  This release must be specific and timely; health information requested for non-routine uses requires a separate consent to be signed by the patient.  This authorized consent may not be forced or coerced; complaints with regards to breach of confidentiality can be filed with the Secretary of the Department of Health and Human Services. (Senior Health Forum, 2011)

One of the largest claims filed to date involves a Seattle firm, Providence Health System.  Over the course of several months, the laptops, backup tapes and optical disks from the subsidiary, Providence Home Community Services, which contained encrypted health information of more than 386,000 patients, were left unattended and inadvertently stolen.  Under HIPAA, the patients were notified and filed complaints with DHH regarding the disclosure.  The firm was fined $100,000 and had a required course of action which involved retraining the staff on storage of PHI as well as encryption standards procedure. (Manos, 2008)

There have been several cases where the unauthorized release of PHI was left with family members when the patient specifically requested and wrote in the record that contact must be direct to them only.  Other breaches of confidentiality occurred when providers have discussed procedures with family members or the patients themselves in the ER, often screen monitors with patients’ names indicating waiting time are also shown; this is careless disclosure.  (HHS.gov, nd)

It is often a challenge to protect personal health information as so many people have “a demonstrated need to know” in the clinical situation.  Filing insurance claims can also be a challenge as typos and other system glitches can often send information to the wrong places.  People who work in providers’ officers are under great pressure to perform multi-tasking at high speeds in order to process the patients in a timely manner.  The most important thing for the medical community is to have a protocol for each stage of the process, with accountability established for the actions of individuals.  Staying informed of the changes, challenges, and communication procedures involving protected health information is vital.