Patients Rights Violations

Patients have to be the focus of every healthcare worker. This is because the patients are not only the customers and provide the income for the medical businesses, but also because the services provided to patients deal with life versus death or quality of life. To keep the focus on patients, many laws, regulations, and rules—including ethical codes of conduct—have been created to guide caregivers and other medical employees.

For this discussion prompt, complete an Internet search to research a current case where a violation of patients’ rights is at the forefront of the case. Post the link to the case and explain why there is a violation of patients’ rights. Be sure to cite from your readings and research and explain in detail the specifics of violation. (200 words)

For responds 2 peers’ Discussion Prompts should be 50-100 word each.

ALL citations and references needs to be APA 7th edition format.

THANK YOU!

Peers #1

In the healthcare field, patients have many rights which act to help protect them during unjust circumstances and situations. A case that focuses on the violation of patients’ right is against Banner Health. Banner Health is one of the largest non-profit healthcare systems in the United States, based in Arizona. In regard to protecting patient’s rights the Office for Civil Rights (OCR) at the U.S Department of Health and Human Services (HHS) has issued its fourteenth settlement against Banner Health.

The reason for the filing of this case is due to Banner Health violating the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA is a federal law dedicated to protecting patient’s health information from being disclosed without the patients consent or knowledge (Pozgar, 2016). In this act Banner Health violates the privacy rule’s right of access standard. Under the HIPAA privacy rule’s right of access standard patients have a legal right to obtain a copy of their protected health information in a timely manner once it had been requested (Guerrini et al., 2019). This information includes current, past, or future healthcare data, payments, physical or mental health, etc. (Guerrini et al., 2019). This is also known as the designated record set (DRS), which incorporates any information researchers used on record that helped the decision making of that particular case.

 

In this case, the OCR had received two complaints against Banner Health regarding patients requests for information. These requests were not fulfilled until the next year where these individuals then received the information they had requested from the health organization. The OCR had proclaimed that Banner Health had failed to meet the individuals request for medical information in a timely manner and were subjected to violating the HIPAA right of access standard. As a result, Banner Health took corrective actions and paid $200,000 to settle the violation against HIPAA privacy rule’s right of access standard.

Peers #2

Hi Everyone,

I found this article that discusses a woman’s right to the confidentiality of her medical records.

https://www.empr.com/home/features/patient-sues-cl…

Basically, the woman’s medical records were released without her consent, thus violating HIPAA. The privacy policy at the clinic was provided to her stating “it would not disclose the patient’s health information without her authorization” (Latner, 2018). As we all know, the HIPAA Privacy Rule requires health care providers to “develop and distribute” the policy created by the clinic that protects the privacy of the patients (Pozgar, 2016). Despite this policy, the records were shared with her ex-boyfriend via subpoena. Without her knowledge, her records were given to him in its entirety from the clinic. Technically, this is okay. According to our textbook, “[the] disclosure of information in response to a subpoena for a legal proceeding” is permitted (Pozgar, 2016. However, per the clinic policy, they did need her authorization—and she wasn’t even aware.

It should be known that she was pregnant with his child and that this was a paternity suit. She also moved out of state and based on the article it seems that she didn’t want anything to do with him. The medical records he gained were “used for harassment and extortion” (Latner, 2018), and had “embarrassing information…having no relevance to the pending paternity suit” (Latner, 2018). It surprises me that all of her records were shared, and not just the records that would apply to the paternity suit.

The last thing I want to bring up is that the clinic didn’t properly comply with the subpoena (Latner, 2018). The order required to send someone to court, but instead, an entire medical record was simply sent via mail. This action also resulted in the violation of HIPAA. Too much information was given (probably because they were scared of the law), and now they cannot rescind any of it. “You cannot simply assume that because you received a subpoena, it is acceptable to turn over the patient’s medical records.” (Latner, 2018). You don’t get “blanket protection” (Latner, 2018). The takeaway here is to not only establish consent about the distribution of medical records, but to stay cautious about the distribution of the private information as well (Latner, 2018). More information can always be provided, but once the information was given out, it cannot be taken back.

Ethical and Legal Issues on Covid 19

• In the current COVID-19 pandemic, what is ethically and legally required of physicians and medical professionals when informing patients about treatment as part of the informed consent process? Are there changes to the rules on obtaining consent during the pandemic?

Guideline:

• Your response should be a minimum of 7 to 8 sentences but should not exceed 250 words

1. Font should be 12 Times New Roman
2. Headings should be Bold
3. Color should be Black
4. Line spacing should be 1.5
5. AVOID PLAGIARISM
6. You should use at least two reliable references
7. Submit this WORD Document when you complete the required task
8. Use reliable references (APA format). Please see below web link about how to cite APA reference style.

https://guides.libraries.psu.edu/apaquickguide/intext.undefined

Requirements: 250 to 300 words

Clinical Resolution

I need a power point presentation

Conflict resolution scenario is to follow. FOLLOW  the assignment INSTRUCTIONS and RUBRICS given.

It was understoodthat in a consultation before the patient’s transfer the nature of palliativecare had been explained to the patient, who was still quite capable ofexpressing his wishes, and to his two devoted daughters, one of whom had theofficial proxy designation. The patient was diagnosed with metastatic sarcomawith pulmonary metastasis and severe infiltration of his pulmonary cavity. Hehad experienced a rapid physical decline over the previous few days andnumerous symptoms had escalated. Most distressing to the patient was hisshortness of breath and chest congestion, which he rated as 10/10 and 9/10,respectively, on the Edmonton Symptom Assessment Score scale.1 The patient’sPalliative Performance Scale score on admission was 20% and based on thatscore, his recent rate of decline, and his current physical state, theattending physician felt that his likelihood of survival was measured at mostin days.2 After reviewing the goals of palliative symptom management with thepatient and his daughters, the physician was taken aback when one of thedaughters (the daughter without official substitute decision-maker [or proxy]status) began to challenge the physician’s choice of medication and indicatedthat she did not want any potent opiates given because she did not want herfather to lose his ability to communicate.

To help ease the altercation, the physician noted that thepatient was still capable of making decisions and asked the patient in front ofhis daughters what he wanted to do. The patient stated clearly that he couldnot breathe and that he wanted his pain relieved and his shortness of breathbetter managed. The patient also verbally acknowledged that, “I am dying, helpme.” The physician expressed to the daughters that her obligation and duty as amedical professional was to treat their father, and that she therefore would bedoing so. When the daughters left the room, the physician also cautioned themagainst having such disagreements in front of their father; rather, they shouldmake every effort to ensure their father’s final memories would not be offamily dysfunction or conflict.

Both nonpharmacologic and pharmacologic options were presented for therelief of his severe shortness of breath and congestion. As part of thepatient’s management strategy and after having discussed his alternatives, thepatient with the support of his proxy verbally consented to start scheduledopioids and anticholinergics. Once again, the nonproxy daughter challenged theuse of medication. At this point, the attending physician reminded the daughterthat her father’s death was imminent “with or without the use of medicationsfor symptom control” and described what she could expect over the ensuing hoursin either scenario. It was made clear that the degree of suffering her fatherwould experience in the last period of his life would be very much dependentupon the decision to use appropriate analgesics and other therapies. Theconcept of accepting some risk for appropriate symptom control at the end oflife was further discussed, as well as methods for selecting and titrating medicationsin order to minimize that risk as much as possible. The patient was able todirect his care and felt relief within a short time after the appropriatecombination of medications was initiated.

The doctor struggled to provide the care necessary to ameliorate thepatient’s suffering, which she succeeded to do. But the majority of the timethe nonproxy daughter hovered over, sometimes taking an adversarial stancetowards the physician and the PCU staff.

She arrived with a range of complaintsabout her father’s final hours and a subliminal threat that she would sue theorganization for deficiencies in their care and processes.

Refer to:

managedhealthcareconnect.com/article/conflicting-demands-family-end-life-and-challenges-palliative-care-team

RUBRIC

you must assess and implement an action plan for management, discuss how to initiate a plan of action in resolving the clinical issue and present a PowerPoint presentation. No more than 10 slides

Assignment 1: Conflict Resolution Group Case Scenario PowerPoint Presentation

Slides 1 Introduction

slide 2 Case scenario

Slide 3 Discuss the specific conflict

Silide 4 Discuss individuals involved

Slide 5 Discussed the plan of action

Slide 6 Results expected

Slide 7 Accountability partner

Slide 8 References

Nursing Concept Map And Narrative

Requirements

Integrate relevant evidence from 3–5 current scholarly or professional sources to support your assertions.

• Apply      correct APA formatting to all in-text citations and references.
• Attach      a reference list to your narrative.

Concept Map

• Develop      a concept map for the individual patient, based upon the best available      evidence for treating your patient’s health, economic, and cultural needs.      The concept map needs to include a biophysical nursing diagnosis, a      psycosocial nursing diagnosis and an educational nursing diagnosis. NANDA      website can be used as reference to search for nursing diagnosis.

Narrative

Develop a narrative (2-3pages) for your concept map.

• Analyze      the needs of your patient and their family, and determine how those needs      will influence a patient-centered concept map.
  • Consider       how your patient’s economic situation and relevant environmental factors       may have contributed to your patient’s current condition or affect their       future health.
  • Consider       how your patient’s culture or family should influence your concept map.
• Justify      the value and relevance of the evidence you used as the basis of your      concept map.
  • Explain       why your evidence is valuable and relevant to your patient’s case.
  • Explain       why each piece of evidence is appropriate for both the health issue you       are trying to correct and for the unique situation of your patient and       their family.
• Propose      relevant and measurable criteria for evaluating the degree to which the      desired outcomes of your concept map were achieved.

Explain why your proposed criteria are appropriate and useful measures