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.
Health care professionals have an obligation to protect the rights to patient privacy when it concerns patient’s personal and medical information. Population Affected Patient privacy affects everyone receiving or providing medical care and it also affects those individuals seeking medical care. Patient confidentiality means a patient’s medical or personal information will not be disclosed to other individuals without the patient’s written permission. The physician of record should be the only person accessing the patient’s protected health information. The only time someone other than the physician of record should obtain the information is when the patient has given written permission.
Notions of apprehension and fear of a paperless system is brought to the fore front by those who are deemed to commission the latest and greatest EMR technology. Medical Record Security State laws are specific on the access to patient’s records to only those authorized to do so. A major goal of the Privacy Rule is to assure that individuals’ health information is properly protected while allowing the flow of health information needed to provide and promote high quality health care and to protect the public's health and well being. The Rule strikes a balance that permits important uses of information, while protecting the privacy of people who seek care and healing. What information should be protected, How to deter security as well as how to keep this organization patient’s records safe.
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.
“Why are health care professionals required to gain consent before providing treatment and care” Health care professionals are required to gain consent before providing treatment and care to every patient in both the public and private health care setting. Consent is a voluntary agreement with an action proposed by another. The person must be of significant mental capacity and be in possession of essential information about the procedure in order to give valid consent. Informed consent is given based on the principles of autonomy and privacy whereby the patient must be informed of the risks benefits of the procedure, which will take place. Informed consent could be implied, explicit, verbal or written.
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.
Carol Alborn HIM CORE Day 11 9/12/2011 Purpose and Function of the Health Record A health record is a virtual storage place that documents health care services from healthcare providers at various locations such as the DR.’s office, nursing homes and ambulatory service locations. It’s made up of data or facts from the patient and family members, and these healthcare services, which is analyzed for useful information. It is the HIM professional’s responsibility to take data from traditional practice forms and any Personal Health Record (PHR) or from any other sources, then enter data into the Electronic Health Record (EHR) system. Anything missing can alter the patients care. Its Primary purpose is to ensure quality patient care and managing the cost of that care.
Security and Privacy Case Scenario HCS/533 January 9, 2012 Michael Solomon Security and Privacy Case Scenario Disaster and security incidents threaten the ability of organizations to carry out its mission and operational functions planning and preparation allows organizations to continue to service its community. The security and privacy of patient health information is a fundamental responsibility of health care organizations. Patients trust their personal and confidential health information to health care organizations with the expectation of protection and privacy. Health care organizations have legal and ethical responsibility to protect health information and should define a plan for the protection of the confidential information. Privacy concerns are raised if access to data is not secure and controlled during a natural disaster.
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.
These transactions include claims, referral authorization requests, benefits eligibility inquiries and other transactions that HHS has established some standards under HIPAA rules of transaction. Health care clearance houses are as well under the privacy rules. These are entities that are involved in processing nonstandard information that they receive from other entities into standards or vice versa. Healthcare clearance houses normally receive health information of individuals only when they provide the processing services to a provider of healthcare or health plan as a business associate. Only some of the private rules provisions apply to these clearing houses as well as the disclosure of the health information.