The ethical and legal issues associated with usage of data and health information.

To prepare:

Reflect on this week’s Learning Resources, focusing on the ethical and legal issues associated with usage of data and health information.

For this Discussion, identify an ethical issue related to data collection or information management at your organization or one with which you are familiar.

Determine the potential liabilities that this ethical issue presents by reviewing the AMIA Code of Ethics.

Consider the legal aspects of your ethical issue and the steps that could be taken to avoid or minimize risk.
By Day 3 post a cohesive response that addresses the following:

Describe your selected ethical issue.

Analyze the potential liabilities that this issue poses to the organization by referencing the AMIA Code of Ethics.

Formulate strategies that the organization could implement to address the ethical issue.

Resources

Course Text: American Nurses Association. (2008). Nursing informatics: Scope and standards of practice. Silver Spring, MD: Author.

“Ethics in Nursing Informatics” (p. 49-52)

This page of the text introduces three common ethical codes used in health care today.

Croll, P. (2010). Privacy, security, and access with sensitive health information. Studies in Health Technology & Informatics, 151, 167-75.

The author proposes a model for controlling the security of health information networks and systems.

Hjort, B. (2007). AHIMA report addresses evolving role of health care privacy and security officers. Journal of Health Care Compliance, 9(3), 47–68.

This article identifies the challenges and responsibilities of health care workers employed in privacy and security positions.

Layman, E. J. (2008). Ethical issues and the electronic health record. The Health Care Manager, 27(2), 165-176.

The findings within this article provide recommendations for health personnel, leaders, and policy makers when attempting to design ethically sound electronic health records.

Mackenzie, G., & Carter, H. (2010). Medico legal issues. Studies in Health Technology & Informatics, 151, 176-182.

Within this article, the authors provide an overview of the legal issues, precautions, and potential breaches that surround the privacy and security of electronic patient records

O’Keefe-McCarthy, S. (2009). Technologically-mediated nursing care: The impact on moral agency. Nursing Ethics, 16(6), 786-796.

Examine technology’s ability to negatively affect the patient/nurse relationship as decisions are based more on data and less on emotional and pedagogical reasoning by referencing the material found in this article.

Withrow, S. C. (2010). How to avoid a HIPAA horror story. Healthcare Financial Management, 64(8), 82-88

The HIPAA horror story that is detailed here underlines the importance of adopting HIPAA privacy and security provisions in efforts to reduce potential violations and financial threats.

California HealthCare Foundation. (2011).
Retrieved from http://www.chcf.org/

The California HealthCare Foundation outlines quality reform plans that improve efficiency and reduce cost for California’s patients.

Centers for Medicare & Medicaid Services. (2010). CMS EHR meaningful use overview.
https://www.cms.gov/EHRIncentivePrograms/30_Meaningful_Use.asp

The U.S. Department of Health and Human Services defines the term meaningful use and also its view of meaningful use criteria, requirements, and financial impact.

American Nurses Association. (2011). Ethics and human rights.
Retrieved from https://www.nursingworld.org/practice-policy/nursing-excellence/ethics/

See this website to view position statement documents developed by the ANA to promote adherence to ethics and human rights.

Healthcare Information and Management Systems Society. (2019). The HIMSS privacy & security toolkit. Retrieved from https://www.himss.org/privacy-security-toolkit

At this website you will find a categorized tool kit that consists of implementation plans, legislation, and case studies to help health care professionals better understand matters of privacy and security.

The American Medical Informatics Association. (2014). Retrieved from http://www.amia.org/about-amia/ethics

At this website you will find a American Medical Informatics Code of Ethics for Healthcare Professionals. The current code is accessible below.

Petersen, C., Berner, E. S., Embi, P. J., Fultz Hollis, K., Goodman, K. W., Koppel, R., … Winkelstein, P. (2018). AMIA’s code of professional and ethical conduct 2018. Journal of the American Medical Informatics Association: JAMIA, 25(11), 1579-1582. Retrieved from https://academic.oup.com/jamia/article/25/11/1579/5134082

AMIA’s Code of Professional and Ethical Conduct 2018 by Petersen, C., Berner, E. S., Embi, P. J., Hollis, K. F., Goodman, K. W., Koppel, R., ..Winkelstein, P., in Journal of the American Medical Informatics Association, Vol. 25/Issue 11. Copyright 2018 by Hanley & Belfus, Inc. Reprinted by permission of Hanley & Belfus, Inc. via the Copyright Clearance Center.

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