Discussion 1: HIPAA, Patient Rights, and Medical Social Worker Dilemmas
Case Scenario 1
Under HIPAA, the responsibilities of social, medical workers focus on the assessment, diagnosis, treatment, emotion, and prevention of mental health as well as other behavioral disorders (Myers, 2008). HIPAA gives patients an absolute right to their medical information sharing and as a medical social worker. I will have to consult my patient for consent to share his medical attendance information with his sister. While her sister is sincere in her quest to help George in his healing, it is my professional responsibility to protect the rights of my patients, which includes safeguarding my patients’ information.
Discussion 2: HIPAA and Electronic Medical Records
Baker and Merz (2018) posit that the HIPAA privacy rules on Electronic Medical Records (EMR) regulate the disclosure and use of Protected Health Information (PHI) by covered entities including medical providers, health insurers, healthcare cleaning houses, and employer-sponsored health plans. Whilst the privacy rule is concerned with all the PHI, the security rule focus more on Electronic Protected Health Information (EPHI). A social worker does not have access to any patient’s EMR or his/her family’s EMR because they do not have a legitimate medical need to attend to the patient. Accessing such information may lead to severe punishment. However, a social worker has access to his/her patients’ EMR since they have a legitimate medical need to attend to their patients and patients’ well-being. HIPAA is a minefield of potential violations that almost every health professional can commit, and staff with the understanding and information can easily violet such rules during their ordinary course of action (Baker & Merz, 2018).
References
Baker, F. X., & Merz, J. F. (2018). What gives them the right? Legal privilege and waivers of consent for research. Clinical Trials, 15(6), 579-586.
Myers, R. (2008). HIPAA. Retrieved 21 April 2020, from https://www.clinicalsocialworkassociation.org/HIPAA