Case 4-3 Legal Issues in Accounting for Disclosures of PHI to the Health Departm

Question

Case 4-3 Legal Issues in Accounting for Disclosures of PHI to the Health Department George recently requested a copy of his accounting of disclosures. He is appalled to see that his diagnosis of syphilis was reported to the state department of health 3 months ago. In this state, syphilis is a reportable disease. He comes to the hospital administrator's office demanding that the report be retracted. The administrator listens to George's complaints and then advises him that the appropriate action would be to file a privacy complaint. George files the complaint with the hospital and with the OIG 1. What are George's legal rights? 2. What are the hospital's legal responsibilities to the 3. What response would you expect from the hospital and 4. Was filing a privacy complaint the best suggestion the 5. How could this situation been handled differently? state department of health and to George? the OIG? administrator could have given the patient to pursue?

Explanation / Answer

Q1) George is entitled to PRIVACY AND CONFIDENTIALITY OF THE PATIENT RIGHT - HIPAA Act (1996) The health insurance portability and accountability act .Section 261through 264 of HIPAA require the secretary of HHs to publicize standards for the electronic exchange, privacy , and security of health information .it protects the individual medical records and other personal health information .

Q2) hospital legal responsibility to state department of health would be –“mandatory reporting of infectious diseases by clinicians . ACCORDING TO THIS LAW THE CASE HAS TO REPORTED TO CDC –STATHE HEALTH DEPARTMENT .

DISEASE PREVENTION AND CONTROL LAW OF 1955 Cl. 35Act of Apr. 23 AN ACT Providing for the prevention and control of communicable and non-communicable diseases including venereal diseases, fixing responsibility for disease prevention and control, requiring reports of diseases, and authorizing treatment of venereal diseases, and providing for premarital and prenatal blood tests; amending, revising and consolidating the laws relating thereto; and repealing certain acts.

Q3)Office of Inspector General (OIG) may question the authorities of hospital regarding the matter and investigate the reasons of reporting the case to “state department of health”. The hospital has to give an explanation of mandatory reporting of venerable disease according to federal and state law .

Q4) Was giving a privacy complaint would be the best suggestion by the administrator – the administrator could have called the treating clinician to explain the situation and may be the meeting of the group of expertise with client on explaining the syphilis .

Q5)to handle the situation differently :

Call for a meeting with treating clinician , CDC group representatives , nursing personnel and panel of expertise on health department to break the report and discuss the available choice of treatment and significance of the rule and law of mandatory reporting of venerable disease to state health department would have helped the situation .

hope the answer helps :-

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