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Hipaa & Hiv: Keeping Everyone's Information Confidential

1548 words - 7 pages

HIPAA & HIV: Keeping Everyone's Information Confidential
Marcia Woods
HCR 220
March 4, 2012
Linda Murray, MAOM, MPA

HIPAA & HIV: Keeping Everyone's Information Confidential
In 1996 the Clinton administration and the congressional office put together a law that forever change the way personal and health information would be protected; Health Insurance Portability and Accountability Act or HIPAA. Among other things this act ensured that a person’s health would remain private and secure from the public and that the patients had a say so as to whom would be able to know their information and just how much of it (Green & Bowie, 2005). This act has help those with HIV and ...view middle of the document...

Education about these two diseases should be continuous; although, the world may not ever completely understand them or except those with them.
Protection
All health conditions are covered under HIPAA; however, patients with HIV or AIDS carry a large stigma because there are still many that do not completely understand these diseases. They continue to cause a great panic or even cruel actions against those infected. Just like someone with cancer a person with HIV or AIDS deserve to live and work where they choice and pursue their own happiness. Even though medical professionals and health organizations like the CDC have worked diligently to educate the public on the ways the diseases are contracted many still do not except those infected into their lives. Even before Health Insurance Portability and Accountability Act, Congress tried to protect those with these diseases from discrimination by extending the Rehabilitation Act of 1973; which stated that no healthcare provider could deny the care of a disabled person, to the Americans with Disabilities Act. The ADA states that it is against the law for employers to discriminate those with disabilities; it was the Supreme Court that decided that HIV/AIDS discrimination fell under the ADA (aids.gov, 2012). When it comes to who knows about a patient’s positive status; it is up to that patient to do the informing, not the medical personal treating the patient.
Disclosing Information Improperly
Social ramifications. With the continued intolerance of HIV/AIDS in many areas the ramifications of improper disclosure of this type of information is easily understandable. The unneeded stigma with these diseases cause society to act like the infected person should not be around others. Should a child be refused an education just because he or she is HIV positive? In Hershey, PA there is a middle school that claims because most of their student will become sexually active at this age that this student should not be allowed admission; as a way to protect the student body as a whole. With or without this student’s admission there will be sexual active unfortunately (The Body, 2012). This is just one of many causes in which a person’s HIV status it looked upon by society as something negative and stopping them from being accepting for who they are not their disease. Until there is an acceptance and understanding of HIV and AIDS society will continue to look down or treat those with these diseases in a poor manner. This shows without a doubt the importance of keeping patient’s information confidential and private because others just do not know how to treat people with kindness, respect, and love.
Legal ramifications. Under the HIPAA privacy rule it is the responsibility of the physician to ensure that those in his or her office are in compliance with these rules and regulations. The legal ramifications for the practice and or physician could include fines starting at $100 and up to...

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