Freedom of Information Act 2000 - Is an Act of Parliament of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation in the United Kingdom on a national level. Health & Social Care Act 2008 Care Quality Commission (CQC) 'Essential Standards of Quality & Safety’ Outcome 21 deals with individuals personal records, including medical records, these should be kept up to date accurate, kept safe and confidential. 1.2 Explain how legal requirements and codes of practice inform practice in handling information. It is important that I have a secure system for recording and storing of information in a health and social care setting, as I am providing a duty of care to my clients.
Performance evidence Identify legislation and codes of practice that relate to handling information in health and social care There are numerous pieces of legislation and codes of practice designed to protect individuals. These are there to protect from breaches of confidentiality were the information held on that individual is only viewed by staff directly involved in their care. The Data Protection Act 1998 is a piece of legislation which defines the law on processing data of people living within the United Kingdom. One of the central codes of practice in health and social care has been provided by the GSCC and it sets standards of practice and behaviour for staff working in that field, including standards for handling information and maintaining confidentiality. There is also Caldecott standards which govern the sharing of information based on the Data protection Act.
The only time someone other than the physician of record should obtain the information is when the patient has given written permission. The written consent should consist of who to release the information to, what information to release, and for how long. The need for health care organizations to manage medical information systems has expanded, which in turn has increased the number of people having access to patient records. This expansion increases the chances of unsuitable use of patient records and violates state or federal privacy laws. Legal and Ethical Issues According to Pendrak and Ericson (1998), “Most states currently have laws that require healthcare organizations to maintain the confidentiality of their medical records as well as
Unit 4222-307 Handle information in health and social care setting also covering: Certificate in Induction into Adult Social Care: Unit 307 Outcome 1 Understand the requirements for the handling of information in health and social care settings Identify and summaries the main points of the legislation and codes of practice that relate to the recording, storage and sharing of information in health and social care (Dip 1.1 and 1.2) Outcome 2 Be able to implement good practice in handling information Such information should be locked in file cabinets, or if in electronic form it should be only accessed by personal password, Also to access information depending of the level of confidentiality it should be done by senior staff on a need to know basis and leaving record that information was accessed by a log of accessibility, On care plans which are easily accessed by care staff for daily recordings and research, a signature of who is logging in information is needed. Outcome 3 Be able to support others to handle information 3.2 Describe how you support others to understand and contribute to records. Dip 3.2 ----------------------- The nature of the obligation to protect confidentiality can be expressed in terms of three core principles: • individuals have a fundamental right to the confidentiality and privacy of information related to their health and social care; • individuals have a right to control access to and disclosure of their own health and social care information by giving, withholding or withdrawing consent; • when considering whether to disclose confidential information,
Health care providers have an ethical obligation to instruct their patients about the accessible electronic PHR choices, tougher encryption prerequisites, and federally approved code of practice, such as Health Insurance Portability and Accountability Act (HIPAA) to certify the security of their records. The reason for this thesis is to recognize the concerns associated with electronic PHRs, hand-pick an
They set standards of practice, handling information and maintaining confidentiality. Within my role I am bound by these professional codes of practice. The Caldicott Standards are protocols that have been nationally agreed on individual confidentiality and form health guidance principles. Within my role and organisation we apply these principles to actions relating to information. Other legal sources of information regarding handling information are stipulated through common law.
Unit 9 : Handle Information in Health and Social Care There is legislations in place to protect people and their information it states what when and how it should be recorded, stored and shared. This legislation is Health and Social Care Act 2012 c. 7 PART 9 Chapter 2 Section 263 Code of practice of confidential information. It states that a code must be prepared and published in respect of the practice to be followed in relation to the collection, analysis, publication and other dissemination of confidential information concerning, or connected with, the provision of health services or of adult social care in England. And that “confidential information” means information which identifies any individual to whom the information relates or enables the identity of such an individual to be ascertained, or information in respect of which the person who holds it owes an obligation of confidence. There is also the Data protection act 1998 this relates to how information is used and has 8 rues that cover how data is protected and collected and that service users or their representatives (solicitors) must know where their data is being kept lastly there is the Freedom of information act 2000 which allows people to know/ find out what information organisers store and know about them.
ETHICAL HEALTH CARE ISSUES MHA/INF INTRODUCTION When it comes to healthcare ethical issues, there are approximately the same amount of ethical issues as health care issues which are to be solved. There are laws in place to direct the behavior of almost every person in the health care personnel chain, from the nurse to the nurses aide who assists them and the doctor who ultimately gets to try and make the decisions to treat within the confines of the insurance system ruling over the life of the patient . In the health care field , these issues range from insurance coverage , senior care , childhood , immunization , health care reforms , morality , honesty , benefice etc. In this era of medical technology and high advancement in the medical field , constantly changing modes for communication and expanding roles for any health care professionals such as nurse , doctor , pharmacist , dentist etc. there are many legal and ethical challenges experienced on a daily basis, many of which are directly linked to legislative charges regarding the patients confidentiality issues and the ethics of medical technologies.
Furthermore, the severity of securing health information is essential and it impacts the Health Information Management professional and if there is a breach of privacy, the contributions a HIM professional makes in response to these challenges is significantly important in the maintenance and security of health information. According to Legal and Ethical Aspects of Health Information Management, it is emphasized that security of health information is the protection of the confidentiality, privacy and security of health information. According to Center for Disease Control and Prevention (CDC) “the number of hospital inpatient care and outpatient department care discharges exceeds 100.7 million” (CDC). That is over 100.7 million documents of private data a Health Information Management professional is held accountable for. The failure to preserve such data can result in breach of the HIPAA Privacy Rule pertaining to PHI.
Federal Mandates and Regulatory Requirements Renata McLaughlin Anthem College HM250 – Risk Management in the Healthcare Setting Jeffrey Hillard January 13, 2013 Federal Mandates and Regulatory Requirements Many accidents, injuries, inappropriate behaviors and errors in routine or emergency medical care can take place within a healthcare environment, and as a result these organizations are closely regulated by a number of regulatory agencies, policies and laws. After all, this is the industry that directly affects the life and death of its customers, and it is in the best interest of the patient and the healthcare provider to have the protection of a competent risk management department. Although the risk management department’s main goal is to reduce injuries, it also protects assets, ensures claims cost control, ensures regulatory compliance and reduces lawsuits. Non-compliance with federal mandates and laws can have a serious impact upon the healthcare organization. A large number of federal mandates exists, however, the mandates most well-known and common to most organizations are set forth by OSHA (Occupational Safety and Health Administration) for safety in the workplace, and by the EPA (Environmental Protection Agency).