Legal Nurse and HIPPA

Legal Nurse Consulting Corner

HIPPA Privacy Rules In Simple Terms

HIPPA stands for Health Insurance Portability and Accountability Act. This act, which was passed into United States law in the year 1996 under the mandate of President Bill Clinton, is intended to do several things at the same time. HIPPA is a very complex act that can seem inaccessible and difficult to understand to patients, entities and even some physicians. HIPPA privacy rules for health care are simply, when it comes down to it, a federal law used to protect patients from their information being used or released without their consent to other entities. This article discusses issues related to HIPPA as a review for practicing legal nurse consultants.

What Is Covered Under HIPPA

All your medical charts, your medical history, any conversation you might have with a medical professional, your billing information and any information on your insurance company’s computer systems are all protected by HIPPA from being shared to anyone unless it is necessary to do so.

When Is It Necessary?

When it comes to your care, if you are ever in an emergency, HIPPA allows for your medical history and information to be shared. Your information can be shared with your family or other caretakers, but you can stop this by putting a request in writing. Health professional are also allow it to be shared for billing, to protect the public’s health (if they think you might have an infectious or highly contagious disease, like the virus that causes SARS) or for the police to make reports on wounds. Doctors are not allowed by law to share any of this information with your employer and the information cannot be given to third parties that would use it for marketing or advertising.

Who Is Governed by HIPPA?

Not all health organizations that you are involved it will answer to HIPPA. Doctors, hospitals and insurance companies will, but if any other companies have your information like the place where you purchased life insurance, your employer, your school or even state agents, they do not have to abide by HIPPA.

What Are You Entitled To?

You can see your health records whenever you want, but you must submit a written request to get this done. You must say how you are going to use this information and who is going to see it. You may be charged for copies of your records.

What is a HIPPA form?

Health care providers need to inform patients how their information will be used and could possibly be shared. Health care providers must also ensure that the patient is always aware of his or her rights. This would usually be done in a HIPPA form. This is a document written in simple and straightforward language and it should ensure that the individual knows of his or her right to complain about any information being shared regarding medical records.

What Constitutes As A HIPPA Violation?

You might be accidentally violating HIPPA if you show your own medical records to a friend after having obtained them. Doctors and health insurance companies might be committing one if they are discussing your condition verbally or in a written form without your consent. A good indication of a HIPPA violation is if your medical records have been accessed too many times – this can happen due to curiosity and patients with very rare conditions are particularly vulnerable to this type of HIPPA violation.
Since its start, The Health Insurance Portability and Accountability Act (HIPPA) has been a rather controversial law. Although many patients like the protection it provides, it can be difficult for physicians to make the right judgment calls when they do not have all the information available to make a difficult decision. There can be a court summons of someone’s medical records, but this is a complicated and very long process that hinders how effectively doctors can do their job.
It has also affected some medical researches because they are no longer allowed to look at statistical data on medical charts to provide a historical sample of significance in their studies. This means that doing a historical study of a particular type of disorder or disease could be near impossible.
Additionally, HIPPA is very complicated and it can be quite difficult to follow. That is why many people in the health industry need to have extensive training when it comes to it. Many legal nurses are well versed in HIPPA and provide consultations to health care organizations regarding the many issues involved in the Act. They also provide staff education and training seminars related to HIPPA issues. To learn more about legal nurse consulting, access here.

What is a Living Will?

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One of the most difficult things that a family member can go through is having to make a important medical decision regarding a loved one who is unable to speak for himself or herself. The stress of making such a decision in a hospital or nursing home can be overwhelming to those making the decision. Additionally, if there is any disagreement within the family about what course of medical action to take regarding the loved one, the situation can only become worse. The living will can help relieve some of the burden in difficult times when a difficult medical decision is required.
The living will is a type of advanced health care directive used to instruct medical personnel about what measures to take on a patient who is incapacitated and unable to make informed decisions about his or her healthcare. Two other forms of advanced health care directives include a power of attorney and a health care proxy. The various directive forms work alone or in tandem to provide instruction to doctors and nurses. It is important not to confuse a living will with a living trust, which is a form of estate planning that distributes a person’s assets after his or her death. This information is brought to you by our legal nurse consultation post on our blog.
It is essential to have a living will because it informs medical personnel and your family of what kind of medical treatment you want in case you are unable to speak for yourself. This can include instructions for what you want to happen in the event of an accident that leaves you in a permanent vegetative state or instructions how to handle your medical care if you have a terminal illness which progresses to the point of you being incapacitated. A living will should be written by a lawyer to ensure that it is legal and will serve its purpose if the need arises.

Understanding the Living Will

A living will generally describes the types of treatment you desire in the event you become incapacitated. For example, if you are in a vegetative state after an accident or other medical event, a living will can instruct your doctors whether or not to keep you alive through the use of ventilators, feeding tubes or other medical means. Other treatments often described in a living will include whether to administer pain relief, perform cardiopulmonary resuscitation, or provide hydration.
The living will only becomes effective if a doctor certifies you as being terminally ill or otherwise permanently incapacitated. For example, if you have a heart attack and are unconscious laying in a hospital, but expected to recover and regain consciousness, your living will does not come into effect. You will still receive life saving medical treatment even though your living will stipulates that you do not want life prolonging medical procedures. That is an important distinction and essential to understand. A living will only comes into effect if you are terminally ill, in a permanent vegetative state or permanently mentally incapacitated.
If the situation ever arises where you are incapacitated and unable to speak for yourself, but your medical condition is not terminal or permanent, you should use a health care power of attorney or a health care proxy. Either one of these documents allow you to provide a third party, usually a family member or close friend, the legal authority to make health care decisions on your behalf in the event you are unable to express your wishes.
Being proactive and having both a health care proxy and the living will is both a responsible and loving thing to do. It removes the burden of making extremely difficult decisions from your family members if and when the time arrives. You do not need to be terminally ill to have the living will.

Creating a Living Will

To set up the living will and health care power of attorney, consult a lawyer who specializes in these documents in the state where you live. But before you consult with a lawyer, talk to your doctor about the different scenarios when a living will might be needed and what your options are for each scenario. It’s important to make an informed decision now, so your wishes are known in the event the living will becomes effective. Each state has slightly different variations in terminology and living will laws so a lawyer’s help is crucial. Additionally, once your living will is written, keep it in a safe place. Make sure your doctor and the person you select to have health care power of attorney know of its existence. Your living will does no good to you if nobody knows that it has been written. For more information on health care directives, you may want to consult a legal nurse consultant.

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