Annotated Bibliography Week 1_Updated/Corrected

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AB241816_Ch02.pptx

Chapter 2: Introduction to the Fundamentals of Law

Fundamentals of Law for Health Informatics and Information Management, Third Edition

© 2017 American Health Information Management Association

© 2017 American Health Information Management Association

Law and Ethics

Law

Ethics

Moral values

Applied ethics

Medical ethics

Professional ethics

Bioethics

© 2017 American Health Information Management Association

Ethics in Healthcare

HIM and informatics professionals have an ethical responsibility to

Patients

The profession

Their employers

Patient rights

Privacy

Confidentiality

Unethical behavior can have same repercussions as illegal behavior

© 2017 American Health Information Management Association

Ethical Theories

Utilitarianism—Best option in any decision is based on which choice provides greatest advantage or benefits the greatest number of people

Deontology—Duty-based ethics

Individuals should be ethical because it is their duty

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Ethical Theories (continued)

Right-based ethics—The primary goal of decision making should be maintaining the rights of every individual

Virtue-based ethics—Seeking the good life. An individual's positive moral principles lead them to do positive things

© 2017 American Health Information Management Association

Ethical Principles

Autonomy—Recognizing the right of a person to make one’s own decision

Beneficence—Doing good, promoting the health and welfare of others, demonstrating kindness, showing compassion, and helping others

Nonmaleficence—Do no harm

Justice—Obligation to be fair in the distribution of benefits and risks

© 2017 American Health Information Management Association

Examples of Ethical Principles

Autonomy requires HIM professional to ensure patient, and not a spouse or third party, makes decision regarding access to his or her health information.

Beneficence requires the HIM professional to ensure information is released only to individuals who need it to do something that will benefit patient (payment for an insurance claim).

Nonmaleficence requires the HIM professional to ensure the information is not released to someone who does not have authorization to access it and who might harm patient if access were permitted (newspaper seeking information about a famous person).

Justice requires HIM professional to apply the rules fairly and consistently for all and not to make special exceptions based on personal or organizational perspectives.

© 2017 American Health Information Management Association

Professionalism

Professionalism—The qualities that characterize a particular profession

Changes based on age, education, position, or work setting

Conflict of interest—When a conflict arises between personal interests and official responsibilities or duties

Often occurs when an individual has power to make decisions involving finances or the opportunity for financial gain

© 2017 American Health Information Management Association

Professional Code of Ethics

Reflects the values and principles defined by a profession as acceptable behavior within a practice setting

Guiding principles by which a profession governs the conduct of its members

Used as a benchmark for what constitutes acceptable practice in malpractice, negligence, or other litigious situations

Dynamic in that they change as societal and practice expectations change

© 2017 American Health Information Management Association

Examples of Professional Codes of Ethics to Protect Health Information

American Medical Association (AMA)

Code of Medical Ethics Principle IV of the code states: “A physician shall respect the rights of patients, colleagues, and other health professionals, and shall safeguard patient confidences and privacy within the constraints of the law.”

Chapter 3 specifically addresses privacy, confidentiality, and medical records including electronic data

© 2017 American Health Information Management Association

Examples of Professional Codes of Ethics to Protect Health Information (continued)

American Health Information Management Association (AHIMA)

The Code of Ethics are Tenets I, III, and IV that specifically address protecting the privacy and confidentiality of health information and records (see figure 2.2)

The Health Information Bill of Rights for protecting healthcare consumers lists seven measures designed to

Safeguard an individual’s right to lawful access of their personal health information

Prevent unauthorized access to that information

Promote its best possible accuracy

Seek proper remedy when any such privilege is violated

© 2017 American Health Information Management Association

Examples of Professional Codes of Ethics to Protect Health Information (continued)

American Medical Informatics Association (AMIA)

The Code of Professional Ethical Conduct specifically addresses use of patient information in its first ethical guideline and also offers ethical guidance as related to patients, employers, colleagues, society, research and general performance (see figure 2.3)

Addresses ethical issues of vendor-user contracts related to EHR systems, associated devices and health-related software applications

© 2017 American Health Information Management Association

Ethics Committee

Provides a standardized approach to ethical decision making in the healthcare organization

Members analyze ethical decisions and make recommendations

Must take into consideration the mission and vision of the healthcare organization as well as any applicable laws and regulations

© 2017 American Health Information Management Association

Making Ethical Decisions

7 step ethical decision making model

Define the problem

Seek out relevant assistance, guidance and support

Identify alternatives

Evaluate the alternatives

Make the decision

Implement the decision

Evaluate the decision

© 2017 American Health Information Management Association

Making Ethical Decisions

3 step Blanchard-Peale ethics check

Is it legal?

Is It balanced?

How will it make me feel about myself?

© 2017 American Health Information Management Association

Bioethics

When ethical issues arise as a result of advancements in technology leading to disease detection, medication interventions, and enhanced treatments

Often subject of much debate as the fields of biology and technology intertwine

Dilemmas often are seen in beginning and end of life stages of treatment

© 2017 American Health Information Management Association

Bioethics—Beginning of Life

Procreation—The beginning of life

Many ethical issues surround the creation of life

In vitro fertilization

Embryonic stem cell research

Contraception and sterilization

© 2017 American Health Information Management Association

Bioethics—End of Life

End of Life often presents ethical issues in terms of:

Terminal patients who wish to forgo treatment

Hospice care—Palliative care to make terminally ill patients more comfortable

Euthanasia

Conflict between a patient’s wishes and their family or loved ones’ wishes

© 2017 American Health Information Management Association

Bioethics—Genetics

Technology has advanced the discovery of genetic codes and research focuses on identification of diseases at the genetic level

Gene testing and gene therapy can be ethically challenging for patients and families

Production of more genetic information requires additional protection of that specific data

© 2017 American Health Information Management Association

Law and Ethics

Professional codes of ethics impose a duty on healthcare professionals to conform to professional standards of practice.

As patients and professionals are presented with ethical decisions, utilizing standardized decision making models can be beneficial in considering all influences, avenues, and barriers to make the best decision.

Advancements in science and technology now and in the future continue to create ethical issues for both patients as well as HIM professionals.

© 2017 American Health Information Management Association