Positives and the potential conflicts between Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Privacy Act of 1974
What did each Act attempt to accomplish?
The purpose of the Health Insurance Portability and Accountability Act (HIPAA) is to ensure that participants’ data is properly kept safe whereas enabling the flow of health information required to deliver and encourage high-quality health care and safeguard the public’s health and well-being. The Rule achieves a compromise between allowing vital uses of information and preserving the privacy of those seeking care and recovery. Given the multitude of uses and disclosures that must be handled in the health care marketplace, the Rule is intended to be flexible and thorough. To implement HIPAA standards, the US Department of Health and Human Services (HHS) published the HIPAA Privacy Rule. The HIPAA Security Rule safeguards a portion of the data protected under the Privacy Rule. The HIPAA Privacy Rule addresses the use and disclosure of people’ health information (known as protected health information or PHI) by entities subject to the Privacy Rule. These persons and organizations are referred to as covered entities (Edemekong et al., 2018)
1974 Privacy Act: The purpose of the Privacy Act is to achieve a balance between the government’s need to keep data regarding participants and people’ rights to be shielded from unjustified intrusions of their privacy caused by federal agencies’ gathering, storage, use, and disclosure of personal data concerning them.
Are both Acts in place and active today?
Yes, they remain in place and active till today.
Are there parts of the Acts that conflict with each other or with the way that health care is delivered today?
(HIPAA) exempts from protected health information employment data maintained by a covered organization in its role as an employer, as well as education and certain other records pursuant to or specified by the Family Educational Rights and Privacy Act, 20 U.S.C.
The Privacy Act safeguards documents obtained by personal identifiers like a name, social security number, or even other identifying number or symbol (Knauss, 2020). Under the Privacy Act, a person has the right to obtain access to and request rectification (where appropriate) or an accounting of disclosures of any relevant documents kept regarding him or her.
References
Edemekong, P. F., Annamaraju, P., & Haydel, M. J. (2018). Health insurance portability and accountability act.
Knauss, B. (2020). FERPA POLICY Purpose The Family Educational Rights and Privacy Act of 1974 (FERPA) is a federal law that sets out.
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Question
Primary Task Response: Within the Discussion Board area, write 300–500 words that respond to the following questions with your thoughts, ideas, and comments. This will be the foundation for future discussions by your classmates. Be substantive and clear, and use examples to reinforce your ideas.
Library Research Assignment
Discuss some of the known positives and the potential conflicts between Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Privacy Act of 1974. Both of the enacted Acts were attempting to protect citizens and their rights. Please use the CTU library to research the histories of both Acts, and answer the following:
- What did each Act attempt to accomplish?
- Are both Acts in place and active today?
- Are there parts of the Acts that conflict with each other or with the way that health care is delivered today?