Patients have a bill of rights as stated in Federal and often, state law. Patient’s rights include among other things, consent to care. Another important right is the self-determination of their care through advanced directives and other choices such as designated advocate. As most of you know, everyone and every healthcare organization (HCO) who either cares or provides services to patients are to keep information protected under penalty of law. Patients also have rights to copies of their medical records. Translation for those who speak other languages is also a right. This week’s reading provides specific information about each Patient’s Rights.
Select one of the patient rights (either ethical or legal issues of your choice) from readings this week. Discuss with your colleagues by posting to the discussion board the legal source of this right (Federal and State Codes citations are warranted). The Military Health System also has a Bill of Rights. Discuss how does a Patient’s legal “Right” translates into the Health care organization’s (HCO’s) responsibility for systems such as electronic health records, research participant compensation, consultations, financial systems, and communication with collaborators? Are there specific situations where HIPAA is not protected? Do you have an example from your health care organization (HCO) setting? If so, please discuss. Please remember to analyze the cases by so-and-so standards(e.g., see below Provide relevant details of the case as it relates to the law, the HCO, and their responsibilities), not just restate them.
Answer the above questions and provide two current real-life state or federal legal cases from the UMGC Library or Internet, which may be available from either industry or government newsletters. Provide relevant details of the case as it relates to the law, the HCO, and their responsibilities.
Structure of your post for Case A -Patient’s Legal Right #1:
1. The Patient Right #1 from your readings (start with the title of the law and the proper legal citation);
2. In your own words, produce a statement as to how this law applies to this case;
3. The HCO setting in which the violation of the Patient’s Legal Right #1 occurred (Examples: assisted living facilities for the disabled patients, long term care facility, a home care nursing association, a small physician practice, a hospital, a rehabilitation center, or a first responder/ambulance);
4. The penalty for the violation in Case A; and
3. The health care organization’s responsibility.
Structure of your post for Case B -Patient’s Legal Right #2:
1. The Patient Right #2 from your readings (with the title of the law and the proper legal citation);
2. In your own words, a statement of the “Right” and how the law applies to this case;
3. The HCO setting in which the violation of Patient’s Legal Right #2 occurred;
4. The penalty for the violation in Case B; and
3. The health care organization’s responsibility.
SOLUTION
Hello Class,
For this week’s discussion, I will look at patients’ rights to informed consent under the Patient Self-Determination Act (PSDA) and privacy and confidentiality under the Health Insurance Portability and Accountability Act (HIPAA). Each of these rights has important consequences for healthcare organizations (HCOs), requiring them to create systems that ensure compliance and patient safety (Pearlman et al., 2018). The Patient Self-Determination Act (PSDA), 42 U.S.C. & 1395cc(f), mandates informed consent to safeguard patients’ autonomy when making healthcare decisions. This law requires HCOs to inform patients of their right to accept or refuse medical treatment, as well as the risks, benefits, and alternatives to their care (Pearlman et al., 2018). In a hospital setting, for example, a breach could occur if a surgical patient was not properly told about the procedure’s risks. Such actions violate the PSDA, which can result in financial penalties and suspension from federal programs such as Medicare and Medicaid. To meet this requirement, HCOs must implement protocols that ensure clear and comprehensive patient-provider communication, as well as precise evidence that informed consent was obtained.
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