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The paper explores how the introduction of the Health Insurance Portability and Accountability Act (HIPAA) has transformed several aspects of the health care profession. The paper specifically discusses the ethical dilemmas that can arise, the principles of nursing practice that are affected by HIPAA and the common ground between the law and traditional nursing practice. The paper then shows how when the law is matched up against the underlying principles and the Code of Ethics, it is apparent that the guidelines that can be used for resolving any ethical dilemma are fairly consistent.
The Ethical Dilemma
The Ethical Dilemma
From the Paper:"Although HIPAA was intended to ensure consistency with respect to protecting the privacy of patients across the country (HIPAAps.com, 2003) it also leaves much room for interpretation in the course of day-to-day practice. Dilemmas can arise for example, when the nurse must balance the requirements of HIPAA with the best practices for the patient's health. Even without such a situation, the HIPAA rules demand that nurses pay the highest respect to patient's private information. Another potential instance would be if medical identity theft was suspected by a nurse - a person who is in a good position to uncover such an issue. A nurse may be faced with a situation, for example, where they suspect that a patient is not the person they purport to be (Bendix, 2009). HIPAA compels action on the part of the institution. This can contradict, however, the nurse's code of ethics, including principles of equality, trust, duty to the patient. In addition, the nurse needs to consider the consequences to the patient - even if they are committing fraud, they may genuinely need the health care and not be able to obtain it through other means. The Nurse's Code of Ethics states that "the nurse's primary commitment is to the patient...". This means that the commitment to HIPAA, the health care provider or any other body is subordinated to the commitment to the patient."
Sample of Sources Used:
- American Nursing Association. (2009). Code of ethics for nurses with interpretive statements. American Nursing Association. Retrieved October 17, 2009 from http://nursingworld.org/ethics/code/protected_nwcoe813.htm#3.1
- Bendix, J. (2009). News: New "red flags rule' focuses on medical identity theft. Contemporary OB/GYN. Retrieved October 17, 2009, from http://contemporaryobgyn.modernmedicine.com/obgyn/Modern+Medicine+Now/News-New-Red-Flags-Rule-focuses-on-medical-identit/ArticleStandard/Article/detail/597492
- Lo, B.; Dornbrand, L. & Dubler, N. (2005). HIPAA and patient care: The role for professional development. Journal of the American Medical Association. 2005; 293: 1766-1771.
- No author. (2003). What is HIPAA? HIPAAps.com. Retrieved October 17, 2009, from http://www.hipaaps.com/main/background.html
- Wielawski, I. (2009). HIPAA: Not so bad after all? American Journal of Nursing. Vol. 109, 7: 22-24.
Cite this Term Paper:
HIPPA and Nursing Ethics (2012, April 26) Retrieved August 13, 2022, from https://www.academon.com/term-paper/hippa-and-nursing-ethics-150823/
"HIPPA and Nursing Ethics" 26 April 2012. Web. 13 August. 2022. <https://www.academon.com/term-paper/hippa-and-nursing-ethics-150823/>