Based on the original case example, a breach of confidentiality has occurred and in this case, there is a right to take legal action for this violation. A breach of confidentiality may violate HIPAA principles and also demonstrate an important understanding of HIPAA practices and what constitutes a violation (Blaney, 2013). From a legal perspective, this example was in violation of the basic principles of HIPAA, but other factors must also be considered prior to making a legal judgment in this case. HIPAA violations may constitute a number of critical challenges and may produce legal remedies if the appropriate reasoning is justified. The Department of Health and Human Services possesses a responsibility to evaluate these judgments and to determine if civil penalties are appropriate in these cases, given the information provided in the case and if a true breach of confidentiality occurred (AMA, 2014).
In this case, HIPAA is a slippery slope from a legal perspective because it demonstrates a limited window of valid information sharing, with many violations that occur. Therefore, it stands to reason that in this case, HIPAA was violated due to a direct breach of confidentiality. Maintaining a coherent legal perspective is necessary because judgment may be easily clouded in some cases, which could challenge the system and pose additional problems for patients and providers. These concerns require a logical approach because there is much confusion and misinterpretation regarding HIPAA regulations that must be considered more closely. These factors require a greater means of understanding the facts of the case in order to determine if a direct violation of HIPAA has occurred and whether disciplinary action is required.
Although HIPAA violations may transpire in the healthcare environment, these cases must be thoroughly evaluated in order to determine the extent of the violation and the concerns that might emerge with respect to matters of confidentiality. These factors play a role in determining the extent of the violation and if it requires a legal construct in order to establish a resolution to the problem. These factors are instrumental in addressing HIPAA matters of importance and whether or not these matters have any true legal precedence. If the alleged violators are not to be held legally responsible for the actions that have been taken, then they should not be subject to extreme disciplinary action.
However, if a legal violation has taken place, full disciplinary action should occur so that these violations are properly addressed in a timely manner. These efforts will ensure that there are sufficient grounds for a legal judgment, based upon existing case law, so that the appropriate actions might be taken accordingly to address these matters.
Ethical Reasoning Constructs
From an ethical perspective, HIPAA violations are ethically irresponsible and should not be taken lightly in the healthcare setting. A breach of confidentiality in this manner is inappropriate and should not occur on any level. Patient information should be held strictly confidential at all times and should only be shared with authorized persons only to the extent that is provides value to a patient’s medical needs and current health status (Merck). HIPAA requires the utmost confidentiality at all times; therefore, healthcare professionals must be willing to address these principles effectively and within the constructs of basic ethical standards that govern healthcare practice.
Ethics must function as a key component of legal cases because they serve as the backdrop for achieving effective and justified legal reparations if necessary. At the same time, laws are open to interpretation; therefore, one person’s perception may be different from somebody else. This must be considered when addressing the case and the original intent of the law, combined with its interpretation. Ethical reasoning must be used in legal cases to make qualified judgments in countless examples; however, it is also evident that other factors must be considered that go above and beyond ethics and consider the law, what it means, why it is required, and how it should be followed. These factors go beyond standard ethical principles.
The privacy of patient health information may be subject to ethical violations if it is compromised in any way; therefore, knowledge regarding these regulations must be carefully examined and evaluated by healthcare providers (McGowan, 2012). When ethical breaches are identified, it is important to identify the nature of these breaches in an effort to rectify these situations in a timely manner to alleviate considerable ethical challenges within a given case (McGowan, 2012). Healthcare providers must exercise caution when handling patient health information because it may pose a breach under specific conditions, particularly when verbal conversations take place in regards to this information. These conditions must be well understood so that these concerns do not exist frequently across different healthcare settings (Cohn et.al, 2014).The privacy of patient health information must be optimized at all times and represented in a confidential manner as evidenced by access to patient records and other factors that will support the continued protection of patient health information in a timely and confidential manner at all times.
- American Medical Association (2014). HIPAA violations and enforcement. Retrieved from http://www.ama-assn.org//ama/pub/physician-resources/solutions-managing-your-practice/coding-billing-insurance/hipaahealth-insurance-portability-ccountability-act/hipaa-violations-enforcement.page
- Blaney, R. (2013). A $1.2 million photocopier mistake: health plan settles with HHS in HIPAA breach case. Retrieved from http://privacylaw.proskauer.com/2013/08/articles/identity-theft/a-1-2-million-photocopier-mistake-health-plan-settles-with-hhs-in-hipaa-breach-case/
- Cohn, S., Dea, R., & Cooper, T. (2014). HIPAA: What’s True, What Isn’t . Retrieved from https://xnet.kp.org/permanentejournal/fall02/ethics.html
- McGowan, C. (2012). Patients’ Confidentiality. Retrieved from http://www.aacn.org/wd/Cetests/media/C1252.pdf
- Merck (2014).Confidentiality and HIPAA. Retrieved from http://www.merckmanuals.com/home/fundamentals/legal_and_ethical_issues/confidentiality_and_hipaa.html
