HIPAA Security Rule

Paper Summary:

In this article, the writer looks at the Health Insurance Portability and Accountability Act (HIPAA), in terms of laws and regulations in the healthcare industry designed to create greater accountability through legislation. Since HIPAA is very large in scope, this report and research deals with the HIPAA Security Rule, as a more detailed part of the HIPAA that has representative legal cases. Specifically, the current research looks at the HIPAA Security Rule as it has been understood and interpreted through several legal cases, giving a summary and analysis of these cases as well. The writer discusses that new regulatory measures instated by the HIPAA, in terms of healthcare technology, and the process of care, have put intense pressure on the health insurance environment, stressing accountability, transparency, and data security in electronic records.

Outline:
Introduction
Literature Review - Cases
Conclusion
Recommendations

From the Paper:

"The law when it comes to the HIPAA Security Rule, centers around the issue of client confidentiality. HIPAA Security Rule came about because there are so many new technological implications to client records, that these records, often electronic, need extra security and safeguards. Therefore, through legislation that can be upheld in law cases, HIPAA oversees data security in healthcare, protecting client confidentiality. When the client is assured that any of their records will be made under either explicit or implied confidentiality, it is easier for them to feel like they are taking part in a conversation in which they are respected. A feeling of respect is important for clients, who will feel empowered and assured that they are undertaking a professional process in which none of their conditions or histories will be shared with others without their express consent. But many authors in existing case law also tend to see confidentiality as only a good thing, without relating how it needs to be broken if for example, the client poses a danger."

Sample of Sources Used:

• Calloway, S and L Venegas (2002). The new HIPAA law on privacy and confidentiality. Nurse Administrator Quarterly.
• Hoffman, S (2009). SSRN. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=953670
• Priest, L. (2005). HIPAA--An opportunity for continuum of care. Healthcare IT News.
• Vanderpool, N (2004). Courts interpret boundaries of HIPAA privacy act (2009). http://pn.psychiatryonline.org/cgi/content/full/39/9/10?maxtoshow=&HITS=10&hits=10&RESULTFORMAT=&fulltext=vanderpool&searchid=1096904229576_479&stored_search=&FIRSTINDEX=0&volume=39&issue=9&journalcode=psychnews
• HIPAA (2009). http://www.hipaaacademy.net/consulting/hipaaSecurityRuleOverview.html

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