Positives and the potential conflicts between Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Privacy Act of 1974
What goals did each Act try to achieve?
The Health Insurance Portability and Accountability Act (HIPAA) is designed to ensure that participant data is appropriately protected while facilitating the flow of health information necessary to deliver and promote high-quality healthcare and protect the health and well-being of the general public. The Rule strikes a balance between enabling essential information uses and protecting the privacy of people looking for care and healing. The Regulation is meant to be flexible and comprehensive, given the wide range of services and disclosures that must be handled in the healthcare industry. The HIPAA Privacy Rule was released by the U.S. Department of Health and Human Services (H.H.S.) to apply HIPAA regulations. The HIPAA Security Rule safeguards a part of the information covered by the Privacy Rule. The HIPAA Privacy Rule concerns how companies subject to the Privacy Rule may use and disclose individuals’ protected health information (sometimes called PHI). These individuals and groups are known as covered entities (Edemekong et al., 2018)
The 1974 Privacy Act was created to strike a balance between the government’s need to preserve participant data and individuals’ rights to protection from unwarranted invasions of their privacy brought on by the collection, storage, use, and disclosure of their personal information by federal agencies.
Are both Acts now in force and effect?
They are still in place and functioning now, yes.
Do any provisions of the Acts clash with one another or the way healthcare is now provided?
(HIPAA) exempts from protected health information education and certain other records maintained in accordance with or prescribed by the Family Educational Rights and Privacy Act, 20 U.S.C., as well as employment data held by a covered entity in its capacity as an employer.
The Privacy Act protects the information gathered by using a name, social security number, or other unique number or symbol as a personal identifier (Knauss, 2020). A person has the right to examine any pertinent documents that are held about them and ask for rectification (if necessary) or an accounting of disclosures in accordance with the Privacy Act.
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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Positives and the potential conflicts between Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Privacy Act of 1974
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?
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