Compare at least two policies pertaining to a subpoena on Relaease of informatio
ID: 363252 • Letter: C
Question
Compare at least two policies pertaining to a subpoena on Relaease of information (ROI) then summarize the two. Then, develop a policy and procedure for the practices to follow when a subpoena is received. Consider your findings in your comparison of ROI policies. Your policy should defend your findings. Be specific in designing steps that should be taken to comply with legal requirements and protect the patient rights to privacy. Include relevant information concerning deposition and warrants. Be sure to address HIPAA, ARRA, HITECH regulations in your policy.
Use at least two outside resources and be sure to cite your reference in APA format.
Explanation / Answer
Introduction:
Subpoena means a court order demanding a psych nurse or mental health professional to appear in the court or in front of the officials to testify and submit certain sensitive information containing documents
The word has the roots in the Latin language with the English translation of “Provide or Bring the data along with your self”
Citation: Borkosky and Smith, The year 2015
The present problem facing the healthcare workers in the psych nursing and mental health departments is that they get forced into an embarrassing situation of either to fight or flight - so either they deny the request for information to be released or they just disclose it straightaway without judging the situation properly
The solution:
They must make sure that the information on a need to know basis and that it is perfectly legal, ethical and meets the integrity standards
What if the request (in fact an order) comes from a lawyer asking for documents and information to be released about the psych data - adds stress to the information keepers in the psych department of the health care units and hospitals
It is best to have a red book like a lookup table so that the ROL can be made as per the informed decision-making policies and they can follow some sort of protocols
Above all, it must consider the welfare and interest of the clients and customers and the psych professional must produce a written response
Regarding Summons & warrants:
Does subpoena differ from the Warrant on the basis of who is giving the notice to who and for what purpose?
Summons is simply notices informing about the lawsuit being filed against you - it could be small or big - if John is the victim and he wants to sue Peter the accused, then John must serve him a summon in the official format so that Peter can come to the court in order to fight against the lawsuit filed against him
The legal term for it is the Service of process and it must be forwarded through either a Sheriff, Private law process servers - in some exceptional or selected situations you may be able to serve directly by registered mail with the certificate of mailing
It is very convenient to serve the summon through your county Sheriff deposition can be obtained with the Registered post (mail) with acknowledgment due.
The 5 Different types of health plans are Health Maintenance Organization – HMO Plans, Preferred Provider Organization (PPO) plans, Exclusive Provider Organization (EPO) plans, Point of Service (POS) plans, and High Deductible Health Plan (HDHP) plans.
Health Maintenance Organization (HMO) plans: HMOs are one of the most popular types of health insurance you can purchase. With this plan, an entire network of health care providers agrees to offer patient its services. Patient has to select a primary care provider (PCP) who coordinates all of the health services and care. HMOs usually offer coverage for most types of preventive care, including specialist visits, but specialist visits are only covered when your PCP makes a referral. Additionally, you will pay copayment fees for every non-preventive medical visit, and you may have an annual deductible. HMOs are usually best suited for individuals and families that plan to see their primary care doctor on a regular basis for check-ups and other health concerns. Since 2014, the popularity of HMO plans has increased significantly.
Preferred Provider Organization (PPO) plans: Under a PPO plan, both you and your family can see any health care provider in the insurance company’s network, including specialists, without a referral. In most cases, you are not required to choose a primary care physician or to get referrals to see specialists. You will typically have copayments for any non-preventive medical care you receive, and you may have an annual deductible. Individuals who visit a specialist regularly generally prefer this type of health insurance. Since 2014, the popularity of PPO plans has declined.
Exclusive Provider Organization (EPO) plans: With an EPO plan, you have access to all of the health care providers within the EPO network, including specialists. Whereas PPO plans may offer you some coverage outside of your network, EPO plans typically will not (except for emergencies). EPO plans can be suited well to individuals who don’t mind limiting themselves to providers within a network and who don’t want to coordinate their care through a primary care doctor. Since 2014, the popularity of EPO plans has increased.
Point of Service (POS) plans: POS plans are a hybrid of HMOs and PPOs. With a POS plan, you will typically have to designate a primary care physician for regular check-ups and referrals. But you can also use out-of-network providers if you’re willing to pay more out of pocket; you’ll usually have a copayment and deductible as well. This type of plan is versatile and can be right for people who are willing to pay a bit more for extra flexibility.
High Deductible Health Plan (HDHP) plans: High-deductible plans cross categories. Some are PPO plans while others may be EPO or HMO plans. This type of health insurance has a high deductible that you have to meet before your health insurance coverage takes effect. These plans can be right for people who want to save money with low monthly premiums and don’t plan to use their medical coverage extensively. HDHPs are often coupled with a Health Savings Account (HSA). If you already contribute money to an HSA, you can buy an HSA-compatible health plan. Money contributed to an HSA can be saved on a pre-tax or tax-deductible basis to pay for qualifying medical expenses, including annual deductibles.
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