|Right of Privacy (Original HW Post)|
The right of privacy is a major component of confidentiality. Chapter 22 discusses the importance and application of this right. Discuss your ideas in terms of the human service profession of how the right to privacy can be protected in an evolving, open information society? What laws pertain specifically to human service workers in protecting/honoring patient/client confidentiality? Provide a specific circumstance/case/example drawn from real life. Respond to two of your classmates posts.
Classmate #1 SIlver
Starting with the customer’s first contact with the human help organization or laborer, all data, including fundamental ID information, for example, name and address, is private and classified. As such, approaching it or delivering it to others is limited by law. The guidelines delineated before in the Privacy Acts recognize who, by law, is permitted admittance to customer data, and under what conditions the arrival of this data is permitted. Basically, just the customer, and those straightforwardly associated with working with that customer, approach customer data. In delivering data on customers, the human assistance laborer should tie down marked assent by the customer to deliver the data kept up by the office or specialist on that customer. We will currently look at additional subtleties of customers’ entitlement to assent.
There are essentially two classes of assent, the two of which can be legitimately restricting if the assent is acquired by appropriate procedure(s):
- Educated (Express) Consent Written, marked, dated, and saw assents comprise educated or express assents. They may in any case, nonetheless, be invalid if the customer can demonstrate that assent was not given intentionally, astutely, or deliberately. Last addressing of the customer, within the sight of another gathering (normally an expert partner or an individual party in question known to the customer) may assist with keeping away from any future assent issues. One such customer question convention would include:
- Do you comprehend what you are consenting to?
- Do you comprehend why this assent is significant?
- Do you give your assent unreservedly and willfully and not under dangers or some other type of pressure?
- Inferred Consent There are times during which assent can be concluded from a customer as an outcome of earlier conditions or past assents. Models may incorporate agree to deliver data to insurance agencies who require such data to deal with the charging claims for the administrations gave to the customer. Some insurance agencies require such assents from their endorsers at the hour of use or enlistment. Another model would draw a blood test from a patient who had been admitted to a medical clinic. For this situation, assent would be suggested dependent on the assent on document that was taken during the affirmation cycle.
The Health Insurance Portability and Accountability Act (HIPAA) was an outgrowth of before enactment supported by Senators Nancy Kassenbaum (R-KS) and Ted Kennedy (D-MA) (Harris, Maloney, & Rother, 2004, p.304). The HIPAA law was intended to shield Americans who had been sick from losing their protection when they changed positions or homes. Another expectation of the law was to smooth out the medical care framework through the foundation of norms for sending data consistently by means of electronic wellbeing claims. Last, these legitimate principles would need to be conveyed while as yet ensuring the protection of the customer and safeguarding the security of the capacity of this data. An example would be employers docking their employees PTO or receiving time off with no pay while in quarantine due to the pandemic of COVID-19.
Harris, H., Maloney, D., & Rother, F. (2004). Human services: Contemporary issues and trends (3rd ed.). Boston: Pearson. ISBN
Classmate # 2 Amira
Hello Classmates and Professor Gibson!
Human Service professionals work with an array of clients, from different backgrounds, with various different needs/support, and those professionals gather, record, retain, transmit, and securely store files of information from clients that are confidential. Clients by law (with certain restrictions) have rights and privileges that protect them, their freedoms, choices, privacy, and all their information which includes personal identification such as name/address. Human service workers must know and understand the legal responsibilities of their work, the specific ethical codes adopted by their professional association(s), and the penalties and consequences for ignoring or neglecting those professional responsibilities (Harris et al., 2004, p. 312). Today, living in an evolving, open information society, human service professionals protecting clients right to privacy is not only imperative but also serious. Above all else, professionals must protect and maintain clients safety, integrity, and security, which includes the privacy of clients information (Goodwin University, 2016). In order to best do this, professionals should stay informed and up to date on legal laws/principles around patient privacy and confidentiality, patients rights, legal laws/principles that affect or influence their job, and any guidelines that professionals in the field must follow. On top of this, professionals and the place in which they work should stay in compliance with HIPAA (The Health Insurance Portability and Accountability Act) and their security rule around PHI (Protected Health Information) and ePHI (Electronic Protected Health Information). According to the HIPAA Security Rule, covered entities must ensure the confidentiality, integrity, and availability (CIA triad) of all e-PHI they create, receive, maintain or transmit. This includes identifying and protecting against reasonably anticipated threats to the security or integrity of the information (Tech Target Contributor, 2019, para. 3).
Clients right of privacy plays of much significance in the human services field, and the law includes guidelines that must be followed by professionals within this field such as, strict and sufficient record keeping, written consent before releasing client information (unless clients safety or the safety of others is at risk), understanding clients have the right to correct or amend their record(s), they have the right to treatment or refusal of treatment, and other distinct laws/rights that protect clients and their information. An example that pertains to the information discussed, would be if the management of a new facility that supports people with mental illnesses, fails to encrypt their data and client information/records. By having unencrypted data, the facilities information/records would not be fully protected, provides better access for hackers to steal information or interfere with files, and can also lead to information/files being lost. By the facility encrypting their data, it keeps information hidden from unauthorized users, protects clients information, and any sensitive data. According to Houseman (2016), many states have passed laws requiring ePHI and PII to be encrypted (p.1).
Goodwin University. (2016, September 22). Must-know ethical standards for human service professionals. https://www.goodwin.edu/enews/ethical-standards-fo…
Harris, H., Maloney, D., & Rother, F. (2004). Human services: Contemporary issues and trends (3rd ed.). Boston: Pearson. ISBN: 0205327702. Retrieved from https://www.vitalsource.com (Links to an external site.)
Houseman, K. (2016, December 3). Top 10 most common HIPAA violations. https://www.revelemd.com/blog/top-10-most-common-h…
Tech Target Contributor. (2019, February). Electronic protected health information (ePHI). https://searchhealthit.techtarget.com/definition/e…: 0205327702. Retrieved from https://www.vitalsource.com
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