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HIPAA Privacy Rule: The Effects of the HIPAA Privacy Rule on Clinical Research
The positive and negative effects the HIPAA Privacy Rule has on clinical research
The HIPAA Privacy Rule was issued by the United States Department of Health and Human Services (HHS) in accordance with the Health Insurance Portability and Accountability Act of 1996. Its major goals is to ensure that people's health information is protected and at the same time allows the necessary flow of health information that is required to guarantee the health of the public and to promote quality health care (HHS, 2015). The rule covers health care clearing houses, health plans, and health care providers who deal with the electric transmission of health information, referred to as 'covered entities' by HIPAA standards.
One of the major ways clinical research benefits from this rule is through the time and resources saved, which would have otherwise been lost due to interruptions from privacy infringement allegations and lawsuits. According to the National Institute of Health - NIH (2015), maintaining the privacy of information is crucial in health care and those who fail to adhere to the set rules have to be reprimanded. In the past, researchers had to spend a lot of time establishing the lines they...
Since the HIPAA legislation outlines specific physical, administrative, and technical safeguards that will guarantee the protection of patient information, it is easier for researchers to gather the relevant information they need for research (HHS, 2015). Furthermore, sophisticated technologies used in the implementation of HIPAA enable the provision of audit trails for all who provided and accessed private information, hence it will be easier to catch defaulters. When patients are satisfied with the standardization, and they feel protected by the law, they will be more inclined to participate in research.
The greatest disadvantage of the HIPAA Privacy Law to the field of clinical research has got to do with the numerous rules and regulations it stipulates - creating barriers to new discoveries and advancement in medical research. The Association of Academic Health Centers (2015) conducted a research that involved vice presidents, focus groups, administrators and leaders in research in an attempt to find out the effect HIPAA has on research efforts. They established that the legislation was ambiguous and made recruitment of participants hard, and…
References
The Association of Academic Health Centers (2008). HIPAA Creating Barriers to Research and Discovery. AAHCDC. Retrieved 16 March 2015 from http://www.aahcdc.org/policy/reddot/AAHC_HIPAA_Creating_Barriers.pdf
The National Institute of Health (2015). HIPAA Privacy Rule - Information for Researchers. Retrieved 12 March 2015 from http://privacyruleandresearch.nih.gov/
The U.S. Department of Health and Human Services (2015). Summary of The HIPAA Privacy Rule. OCR Privacy Brief. Retrieved 17 March 2015 from http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/privacysummary.pdf
But the failure must be corrected within 30 days from the time of notification of the violation. Criminal penalty will be imposed on a person who knowingly obtains and reveals identifiable health information and violates HIPAA Rules at a fine of $50,000 and up to 1 year imprisonment. The fine can increase to $100,000 and the imprisonment to 5 years if the violation involves false pretenses. The fine can
Privacy Rules HIPPA Over the years, various regulations have been enacted to ensure increased amounts of protection for the general public. The Health Insurance Portability and Accountability Act (HIPPA) was designed for several different reasons. The most notable include: to ensure that laid off employees are receiving continuous health insurance coverage, prevent fraud / abuse and to protect the privacy of all patients. This is significant, because it created a new
HIPAA Discussing Most Important Aspects HIPAA Privacy Security Law Critiquing Effect Regarding Protection Security Personal Health Information (PHI) HIPAA is an acronym for the Health Insurance Portability Accountability Act. This is an act signed into law by President Bill Clinton on August 21st, 1996. The maim aspects of this law is protection and provision of privacy to a patient's medical history The U.S. Department of Health & Human Services, 2003. This law
Privacy of Health Records in the United States: Health Information Privacy in the Correctional Setting The advent of technology both eased the handling of patients' health records by health practitioners and elevated the importance of health information privacy in all health care facilities. According to Goldstein (2014), electronic health records (EHRs) are important in the delivery of patient centered medical care, improving the quality of care offered to patients, and reducing
If the marketing claims to be medically expedient then personal health records may be released. 3. Are there requirements for covered entities to have written privacy policies? If so, what has to be addressed in the policy? Yes, covered entities do need written privacy policies. Those policies address the specific circumstances the covered entity might release his or her personal health information. For example, a person might authorize a personal representative
Title: Ensuring Patient Privacy and Protection: An Overview of HIPAA Regulations Introduction The Health Insurance Portability and Accountability Act (HIPAA) was enacted in 1996 with the primary goal of protecting the privacy and security of patients' health information. HIPAA includes a set of rules that healthcare providers, insurance companies, and their business associates must follow to ensure the confidentiality and security of patients' personal and medical information. These rules are known as