Research HIPAA, and explain the following in detail:
What is the date of the enactment of this act?
What led to the enactment of this act?
What are the criminal penalties, if any, for violation of this act?
Who is governed by this act?
What are some of the key provisions of this act?
Discuss the cost/benefit analysis of extending a life. Consider the impact to a family of the continued paycheck as contrasted with the ongoing expense of healthcare for a seriously ill individual.
Efficacy may be defined simply as the health benefit to be derived from the use of technology or how effective a given technology is in diagnosing or treating a condition. If a product or service actually produces some health benefits, it can be considered efficacious or effective.
Discuss the following questions and support your answers with evidence from the literature:
What is the likelihood that a different procedure would result in a better diagnosis?
If the problem is more accurately diagnosed, what is the likelihood of a better cure
Sample Answer
Here is a detailed breakdown of HIPAA, the ethical complexities of end-of-life economics, and the clinical logic of diagnostic efficacy.
I. The Health Insurance Portability and Accountability Act (HIPAA)
1. Date of Enactment
HIPAA was signed into law by President Bill Clinton on August 21, 1996.
2. Catalyst for Enactment
The act was primarily driven by the need to modernize the flow of healthcare information.
Portability: To ensure workers could maintain health insurance coverage when changing or losing jobs (preventing "job lock").
Efficiency: To combat waste, fraud, and abuse in health insurance and healthcare delivery.
Digitalization: As the industry moved from paper to electronic records, standardized security and privacy "floors" were required to protect sensitive patient data.
Criminal Penalties
Violations of HIPAA are handled by the Office for Civil Rights (OCR) and the Department of Justice (DOJ). Criminal penalties are categorized by intent:
Unknowing/Reasonable Cause: Up to 1 year in prison.
Obtaining PHI under False Pretenses: Up to 5 years in prison.
Intent to Sell or Malicious Harm: Up to 10 years in prison and fines up to $250,000.
4. Who is Governed?
HIPAA applies to "Covered Entities" and their "Business Associates":
Healthcare Providers: Doctors, clinics, psychologists, dentists, and pharmacies.
Health Plans: Health insurance companies, HMOs, and government programs (Medicare/Medicaid).
Healthcare Clearinghouses: Entities that process nonstandard health information into standard formats.
Business Associates: IT providers, lawyers, or accountants who have access to Protected Health Information (PHI).