Although the examination of the exclusionary rule may constitute deterrence for law enforcement, the rule still may be considered constitution although its existence (Zalman, M. (2011)). Rationale and Purpose of the Exclusionary Rule The exclusionary rule is separated into three parts. The first part needs an item to be physically collected as evidence. The second part is that the item of evidence has been collected by a governmental officer or a person temporary acting in their behalf, for example; confidential informants. Confidential Informants are told to do acts or buy thing that may be illegal, but they are doing it on behalf of the government (Zalman, M. (2011)).
Certification affords hospitals to participate in federally funded Medicare and Medicaid programs. Accreditation is defined as “A self-assessment and external peer assessment process used by health care organizations to accurately assess their level of performance in relation to established standards and to implement ways to continuously improve.” (Raik, 2001) Continuous improvement should be the ultimate goal when providing health care to the public whether it is a private for profit organizations or a community health center that is not for profit. There are both national and international accreditation bodies that survey and provide hospitals with accreditation. In the United States the standard for hospital accreditation is the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), which per
However the newspaper published an article ‘Scandal of Docs with AIDS’ implying that the Department of Health and Social Security were trying to hide the fact that these doctors were continuing practice. The ethical dilemma of who had the greater rights the doctors not to have their patient confidentiality breached or their patients right to know that they were infected with the virus will be discussed. The AIDS/HIV Discrimination Act, The Data Protection Act and The Cauldicott Principles will be discussed as they have a huge impact on patient confidentiality. Relevant court cases, journals and media articles will be studied and Griepp’s model of ethical decision making will be applied. Patient autonomy has changed patient attitudes towards doctors over the last 30 years.
Security of Health Information Tiffany Jefferson August 28, 2013 Professor Riggins, T. Health Information Law & Ethics Section 3 In the Health care organization the security of health information places a significantly high value on protecting the confidentiality, privacy, accuracy and security of health information. Today, private patient information can be accessed and viewed by an anonymous healthcare professional within the healthcare organization, thus, allowing unauthorized access to private information. In addition, when a certified healthcare provider such as the HIM fails to secure private health information that HIM professional places private patient information at risk for exposure. Because of these reasons, regulations such as the federal Health Insurance Portability and Accountability Act (HIPAA) exist to ensure and to reinforce the nondisclosure and alteration of health information. 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.
The FBI is one of the main government agencies that investigates health care fraud against federal and private insurance programs. The U.S. Office of the Inspector General (“OIG”) also conducts nationwide investigations, audits and inspections to protect the U.S. Department of Health and Human Services’ Federal health care programs, such as Medicare and Medicaid, against health care fraud. Centers for Medicare & Medicaid Services, Medicare Fraud & Abuse: Prevention, Detection, and Reporting, (November 2012), http://www.cms.gov/Outreach-and-Education/Medicare-Learning-Network-MLN/MLNProducts/downloads/Fraud_and_Abuse.pdf. Individuals who have committed health care fraud may be prosecuted criminally and be imposed a fine or sentenced to prison or both. Individuals may also be sued in civil actions, by the Government and by private individuals, for committing health care fraud.
Its Primary purpose is to ensure quality patient care and managing the cost of that care. Its secondary purpose as defined by the Institute of Medicine (IOM) deals with individual users for education, regulations, policies and public health from data entered, verified, corrected or analyzed directly or indirectly. Homeland Security has recently been added to the list of users, including patient care providers, managers and staff, coders and patients themselves. Patients can make changes as necessary. Other users might include lawyers, employers, law enforcement and researchers.
What details can individuals repress and not be compelled to divulge to others ? Accessibility is concerned with what data does an individual or a corporation have a right to attain, in what circumstances and with what precautions ? Samples of recent cases that detail these ethical breaches are detailed below. “On April 30, 2009, the Virginia Department of Health Professions found that the secure website of its prescription monitoring program had been hijacked and the home page replaced with a ransom demand” (Smith, 2013, p. 78). This particular and jarring debacle had to do with accessibility to patient files and the privacy expected when it involves information contained in patient files.
his case involves the issue of the tort of negligence, and more precisely negligent misrepresentation. In this situation, Alphonso relied on the statements made by his doctors in making his decision. Before any remedies (if any) can be considered, it is important to establish whether or not Blataslav and/or Dr Corinthian owed a duty of care to Alphonso, whether or not they had exercised the required standard of care and whether or not Alphono's losses were not too remote nor unforeseeable. In Hedley Byrne v Heller, the House of Lords held that a person owed a duty of taking reasonable care when providing advice to a recipient where there was a special relationship between the two parties. In this case, there is clearly a special relationship: the relationship between a doctor and his or her patient.
The EHR is a computerized electronic record of patient health information generated by one or more encounters in any care delivery setting. Included in this information are patient demographics, progress notes, problems, medications, vital signs, past medical history, immunizations, laboratory data and radiology reports. The EHR automates the clinician's workflow and has the ability to generate a complete record of a patient encounter - as well as supporting other care-related activities directly or indirectly, including evidence-based decision support, quality management, and outcome reporting. In this paper I will discuss the many benefits and drawbacks of EHR’s, the types of software used and their functions as well as my thoughts on the future of Electronic Health Records. Many healthcare organizations have switched over to electronic health records since President George W. Bush called for health records to be stored electronically by 2014, and President Obama’s administration plans to continue pushing for that deadline.
The importance of documentation and the ethical principles that will guide any nurse’s practice will be reviewed. West's Encyclopedia of American Law defines negligence “as the failure to use reasonable care that a reasonably prudent person would exercise in like circumstances.” When health care professional duties fail to meet this standard, negligence is the proven outcome. Medication administration not followed by a nurse as ordered, that result the patient's illness worsening or causes death, negligence may be proven. Nurse’s must know and adhere to the standards of care, maintain competency, state board regulations, and seek out further education, failure to do so may result in a charge of negligence. Gross negligence can be defined as a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both (West, 1998).