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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...
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…
References List
National Institute of Health (2007). HIPAA Privacy Rules and How it Impacts Research.
Retrieved November 8, 2013 from http://privacyruleandresearch.nih.gov/pr_05.asp
Winn, P.A. (2011). Confidentiality in Cyberspace: The HIPAA Privacy Rules and the Common
Law. Retrieved November 8, 2013 from http://smu.edu/ecenter/research/HIPAACommonLaw3.pdf
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The plaintiff, however, has a burden of proof prior to any other technical issues. In addition, because of the nature of the allegation, and the fact that normal members of a jury or judge cannot be expected to understand complext medical terms and procedures, expert witnesses are typically called -- usually for both sides (Uribe, 1999). In the United States, there have been several cases that have set international precedence
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