HIPAA Auth Req: Patient Consent Must Contain Elements - Research Paper

Introduction

Health information exchange authorization required elements are cover in HIPAA. Section 164.508 of the rue on final privacy states that patient covered entities should not in any way use or disclose any protected health information without being given authorization, except when permitted or is a requirement by the privacy rule.

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Therefore, general authorization content for patient consent states that a valid form of authorization must be in simple and plain language and also contain the following required core elements.

• A precise and meaningful explanation of the kind of information to be used or revealed.
• A specific class or person's identification authorized to use or reveal the data and information.
• A precise class or person to whom the protected entity may make the use or revealed.
• A brief description of each particular purpose of the requested use or disclosure, serving an important role in initiating authorization in case requested.
• An expiration date that is directly related to a person or purpose of use or disclosure.
• Signature of the individual as well as the date. Otherwise, if authorization is signed by a personal representative of a certain individual, then a brief description of the individual's representative should be provided.
• A statement about the ability or inability facts of an entity covered for patient treatment condition, payment, enrollment, or eligibility for benefits that come along with authorization.
• The entity covered ought to state that it is unlikely to condition payment, eligibility, enrollment or treatment for the benefits on whether the patient signs the authorization.

Difference Between Authorization and Consent

Perhaps, the privacy rules according to HIPAA permits, but does not go beyond requiring a covered entity voluntarily to attain patient consent for usage and information disclosure of protected health information for patient treatment, health care operation and treatment. Entities covered that happen in that manner have comprehensive discretion to formulate a method that best suits their needs.

Distinctly, authorization is needed by the HIPAA Privacy Rule for use and disclosure of protected health information which otherwise not allowed by stated Rule. In the case where Privacy Rule requires patient authorization, it not sufficient for voluntary consent to allow use or disclosure of protected health information, unless it had also satisfied the requirement of the deemed valid authorization (Dunlop, et al. 2017). As such an authorization can be stated as detailed document that provides entities covered permission to be able to use protected health information for specified sole purposes, which is noted to be generally other than payment, health care operation, and treatment, or to reveal protected health information to the third party indicated by the patient consent.

An authorization is ought to specify exact number of elements, this includes a brief description of the protected health information to be used and disclosed, the individual authorized to make the use or disclosure, the individual to whom the entity covered to make the disclosure, an expiration date, and another case, the aim for which the data and information may be used or disclosed .as such with limited exceptions, entity covered may probably not conditioned treatment or any particular coverage on the person providing an authorization on patient consent.

Privacy or Ethical Considerations for Protected Health Information (PHI)

The sources of law, as well as guidelines that are described, are regarding numerous considerations particularly in health information security, confidentiality, and privacy. To manage protected health information presents exceptional challenges for compliance supervisory, for ethical contemplation, and eventually for value as well as the quality of patient care. As the importance of electronic health records continues to be paramount and more data are collected from sources such as mobile health devices; challenges for healthcare organizations also continue to expand.

A better way for responding to these arising challenges in health information exchange is by employing and designing strategic management ways of enterprise-wide availability of health information. This would include policies and procedures relating to health information security, confidentiality, and privacy; this also involves a stewardship role. Health information manager is distinctively competent to attend as health information exchange agents, with consideration of the variety of information interest that include knowledge of guidelines and laws regarding security, confidentiality, and privacy. The role of health information exchange agents is not only to ensure records accuracy and completeness but also protecting its security and privacy.

All the individuals working with health information exchange, health information management professionals, researchers, health informatics, business administrators and others have a huge responsibility to respect that information. On the other hand, patients have rights on their privacy in regards to their health information and expect that their health information remains protected and confidential. Patient consent in health information exchange is a public interest where a situation involving crime or public health should always prevail. Healthcare, legal system, as well as career opportunities for professionals in health information management, are faced with challenges before balancing various interests in the health information exchange, and ethically upholding of its security, confidentiality, and privacy.How the Consent is Managed by Healthy Hospital is Collected, Stored and

Sent to the HIEO

To collect information consent, most healthy hospital management systems usually use paper-based consent which is first scanned and then stored in the system of handling such documents after getting the appropriate signature needed. In the present day, more hospital management systems and organizations that have invested in research activities are adopting electronic ways of collecting consent to comprehensively improve in indexing, searches, and retrieving consent information and data, hence enhancing the capabilities of honoring patient intentions and also easily identifying the willing patient participant. According to Dimitropoulos (2017) extensive research has been conducted in collaboration to ensure consent collection has contributed to the transformation of healthcare quality, health information exchange system as well as patient outcome.

The storage requirement for the consent document has to determine for each research procedure. For instance, consent that involves treatment, diagnosis, or care of a patient; the original copy of consent is ought to be placed in medical records and a copy of the document placed and stored in research records. These records have to be tested by qualified records investigators. On the other hand, for consent that does not include treatments, intervention, or any procedure, the investigator may choose to store the information in his or her file and not particularly in either medical or research file. Furthermore, with the current advance technology, these consent information can be securely stored in the cloud servers.

Consent information can be sent to HIEO in a variety of ways. The health care provider can now share and access consent information using their computers. The most used method; is the sharing of information using the third party (Health Information Exchange Organization). Moreover, consent information is shared using an electronic broadcast query that poses questions asking all provider participants whether they have information about the certain or specific patient. Perhaps, this method has enabled effective and efficient sending and sharing of patient consent information.

Reference

Dimitropoulos, L. L. (2017). Privacy and Security Solutions for Interoperable Health Information Exchange: Impact Analysis. RTI International.

Dunlop, A. L., Graham, T., Leroy, Z., Glanz, K., & Dunlop, B. (2017). The impact of HIPAA authorization on willingness to participate in clinical research. Annals of epidemiology, 17(11), 899-905.