HIPAA, PATIENT RIGHTS, AND MEDICAL SOCIAL WORKER DILEMMAS

As a patient in a healthcare setting, you have likely been given a HIPAA form to sign, either in hard copy or electronically. But what is HIPAA actually all about? 

The Health Insurance Portability and Accountability Act (HIPAA) gives patients the right to access their own medical records and ensures that identifiable health information is not shared without their written consent. In their practice, medical social workers must abide by HIPAA guidelines and policies and are often called upon to educate patients and families about these regulations as well. The disclosure of health information, and the circumstances in which such disclosure may be appropriate or inappropriate, can spark dilemmas for medical social workers. In this Discussion, you work through a particular dilemma as you familiarize yourself with HIPAA guidelines. 

RESOURCES

Be sure to review the Learning Resources before completing this activity.

Readings

· Gehlert, S., & Browne, T. (Eds.). (2019). Handbook of health social work (3rd ed.). Wiley.

· Chapter 3, “Ethics in Health Care” (pp. 39–70)

· Reamer, F. G. (2016, August).  Eye on ethics: Sharing client information with colleagues: Ethical challenges.Links to an external site.   Social Work Today. https://www.socialworktoday.com/news/eoe_0816.shtml 

· U.S. Department of Health and Human Services. (n.d.).  HIPAA for professionals .Links to an external site.  https://www.hhs.gov/hipaa/for-professionals/index.html 

· National Association of Social Workers. (2016).  NASW standards for social work practice in health care settings Links to an external site. . https://www.socialworkers.org/LinkClick.aspx?fileticket=fFnsRHX-4HE%3d&portalid=0

· See Standard 10, “Record Keeping and Confidentiality.” 

HIPAA AND ELECTRONIC MEDICAL RECORDS

A computer with a paper on it  Description automatically generated

An electronic medical record (EMR) is a digital version of a paper medical chart that contains a patient’s medical history. EMRs offer providers and patients increased access to information and assist in the coordination of care. In hospitals, EMRs are particularly useful because each member of the health care team is able to monitor a patient’s progress across disciplines. A medical social worker, for example, is able to read, in real time, the note of every physician, nurse, or therapist who has seen a patient. 

To maintain HIPAA compliance, institutions have strict policies that restrict access to EMRs. These policies require computers and networks to be secure, ensuring that only authorized users can access protected health information. So, who is an authorized user, and in what circumstances? 

In this Assignment, you explore this question as you consider HIPAA in the context of EMRs.

To prepare:

· Review the Learning Resources on HIPAA and access to electronic medical records. Consider the situations in which social workers have legal right to access EMRs, and in which scenarios they do not.

· Reflect on the implications of HIPAA for medical social workers.

BY DAY 7

Submit a 2- to 3-page paper in which you:

· Explain how the HIPAA Privacy and Security Rules apply to electronic medical records. Then, address the following questions and explain your reasoning:

· Should a social worker access the EMR of the patient they have been assigned?

· Should a social worker access any patient’s EMR?

· Should a social worker access their own EMR?

· Should a social worker access the EMRs of their family members?

· Explain the positive and negative ramifications HIPAA might have on medical social work practice in clinical settings with regard to handling EMRs.

· Describe the ethical implications of a social worker engaging in unethical practice with EMRs.

Use the Learning Resources to support your Assignment. Make sure to provide APA citations and a reference list.  

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