Ethical responsibilities and HIPAA compliance for medical assistants

Ethical Responsibilities: Avoid Putting Organization at Risk
The 1996 HIPAA (Health Insurance Portability and Accountability Act) helps millions of U.S. employees and family members transfer and carry on with the same healthcare insurance coverage even if they jump jobs or get fired; decreases abuse and fraud in the health sector; mandates confidential use and protection of sensitive patient health details; and mandates sector-wide healthcare data standards when it comes to processes like electronic billing (California Department of Health Care Services, 2015). HIPAA's enactment made healthcare practitioners who can view and share patients' sensitive personal information legally liable (Medical Assistant Certification, n.d.). A few professional and ethical actions to be considered by new medical assistants include:

Contracts are voluntary arrangements between two entities wherein explicit promises are made. Contract elements are vital to physicians, nurses, etc. as healthcare services are delivered under different kinds of medical contracts (Chapter 3, n.d.).

1. Practitioners are required to terminate patient care formally and legally by: sending the patient a letter, through certified mail (return receipt requested), explaining why one is withdrawing services and providing a referral or recommendation to seek care elsewhere; including the letter and return receipt's copy in the patient file; and briefly explaining, within the patient file, the reason behind care termination and steps followed when doing so.

2. Malpractice claims: Patient lawsuits against physicians for diagnostic or treatment errors. A negligence case involves a patient or family member(s) believing a practitioner harmed the patient by failing to perform a necessary action or performing an inappropriate one.

3. Medical assistants are required to meet medical assisting standards to practically apply legal concepts. The American Association of Medical Assistants (AAMA) states that medical assistants must hold to legal concepts by: maintaining confidentiality, preparing and maintaining medical records, practicing within their capabilities' and training's scope, using proper guidelines during information release, documenting accurately, etc.

4. Several administrative responsibilities of medical assistants are connected with legal requirements. Insurance billing formalities, surgery patients' consent forms, and correspondence (e.g., physician's service withdrawal letter) should be handled appropriately for meeting legal standards.

5. Doctors are mandated by law to maintain confidentiality of patient information. Thus, all patient health-related information must be discussed in private with patients. Coworkers must only be communicated such information when appropriate.

6. Doctors must maintain records clearly explaining the treatment administered and time of administration. It is imperative for them to show that they overlooked no aspect of patient care and fully fulfilled legal standards. Conclusion
All hospital, state, and federal practice regulations and guidelines, and AAMA's ethical code, must be followed when administering everyday care. A key role of medical assistants is helping physicians avert malpractice claims. For effective performance of medical assistant duties, an office should be maintained, following all OSHA (Occupational Safety and Health Administration) safety, toxic substances, and hazardous equipment regulations. The office should meet quality assurance/control guidelines for every test, treatment and specimen. Medical assistants must adhere to HIPAA guidelines for ensuring patient information confidentiality and patient privacy, maintaining systematic, readily-accessibly patient records, and thoroughly documenting patient treatment (Chapter 3, n.d.). Sample Letter 123 ABC Road
New Employee Town
August 23, 2016

Bruce Wayne
1234 Car Lane
XYZ City

Dear Mr. TYOU

It has come to our organization's knowledge that you have made inquiries about the health status of your uncle, and wish for information on his prior health records. You have stated that you wish for this information disclosure without his knowledge, citing that he is being very worrisome, as well as concealing what you believe is vital information on his health.

We are extremely sorry to say that, in keeping with our hospital's policy, we cannot grant you the information you seek (particularly without the patient's consent, as you requested). The only way you can access his health records would be by gaining his permission to have the information disclosed.

To assuage your worries, we can, however, state, truly, that your uncle is better now and on the path to recovery. Following his physician's advice, he is on a strict diet and is having his medicines properly, under nurse supervision. Nursing staff members visit your uncle five times daily to track his progress and report it to his physician. His medicines and diet are closely monitored by our staff so that, in the course of his hospitalization (another 2 weeks), your uncle is cared for properly. We assure you we will leave no stone unturned to ensure his smooth and speedy recovery.

Thank you for understanding. I hope this information is sufficient to meet your needs.

Sincerely,

Dr. HIJK References
California Department of Health Care Services. (2015, March 18). Health insurance portability and accountability act: what is HIPAA? Retrieved from http://www.dhcs.ca.gov/formsandpubs/laws/hipaa/Pages/1.00WhatisHIPAA.aspx

Chapter 3. (n.d.). Legal and ethical issues in medical practice, including HIPAA. Retrieved from highered.mheducation.com/sites/dl/free/007294577x/138260/Chapter03.pdf

Medical Assistant Certification. (n.d.). Additional medical codes of ethics. Retrieved from http://www.medicalassistantcertification.org/medical-ethics/