Human Resources Medical Malpractice Litigations Have Become

Human Resources

Medical malpractice litigations have become very common these days. Perhaps this could be because of the healthcare reform that is characterized with legal and regulatory issues. Confidentiality is an integral part of this reform (National Institute of Health, 2007). States Laws relating to privacy of health information that are inconsistent with the rule are overridden by Privacy Rules. However, those not contrary to the Privacy Rule have remained in force and effect (National Institute of Health, 2007).

There are circumstances when States Laws cannot be overridden by Privacy Rule especially when it comes to State Laws that relate to privacy of individually identifiable health information. State laws the provide for reporting of disease or injury, child abuse, birth or death, conducting public health surveillance cannot be overridden by the Privacy Rule (National Institute of Health, 2007). State Law here means a constitutional provision, a statute, a regulation, rule, or common law having the force of law.

Behavioral and biomedical research conducted in the United States is governed by the Federal Policy for the Protection of Human Subjects and Food and Drug Administration's (FDA) Protection of Human Subjects Regulations (National Institute of Health, 2007). Privacy Rules is intended to supplement these protections by safeguarding the privacy of individually identifiable health information. It doesn't replace these regulations to ensure that researchers who work for covered entities become responsible in complying with multiple sets of regulations. When a covered entity is also a federally assisted drug abuse program, the covered entity becomes subject to the confidentiality of alcohol and drug abuse patient record regulation (National Institute of Health, 2007). They have to disclose individually identifiable health information in compliance with both sets of regulations. The HHS Protection of Human Subjects Regulations protect rights and welfare of human subjects engaged in a HHS supported research while the FDA Protection of Human Subjects Regulations protects the rights, safety, and welfare of participants involved in studies that fall under FDA jurisdiction (National Institute of Health, 2007).

When it comes to disclosure of personally identifiable health information (IIHI) HIPAA privacy rules allows for the option of de-identifying IIHI prior to its disclosure to third parties (Winn, 2011). Owing to the unique nature of diagnosis and treatment codes, it is very difficult to ensure that information which retains diagnosis and treatments are not individually identifiable (Winn, 2011). It is difficult to make medical information anonymous and efforts have not been made to do so. Healthcare providers must obtain consent from a patient to use their personal information for treatment, payment or health operations. After obtaining a patient's consent, the information can be used by the healthcare providers for public health reporting purposes or for reporting child abuse and neglect (Winn, 2011). Apart from patient consent there are instances when a formal authorization has to be obtained from the individual who is the subject of the information. A detailed explanation of the purpose of the disclosure has to be given to the individual.