Annotated Bibliography Week 1_Updated/Corrected
Heathersimf
AB241816_Ch02.pptxChapter 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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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Making Ethical Decisions
3 step Blanchard-Peale ethics check
Is it legal?
Is It balanced?
How will it make me feel about myself?
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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
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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
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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
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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
