HCA 352 Legal & Ethical Aspects of Health Info Management

HCA 352 Legal & Ethical Aspects of Health Info Management essay assignment

Pretend you supervise the correspondence unit of the health information services department of a medical center. Today, you received a subpoena duces tectum from an attorney, demanding either the originals or copies of all health records concerning Mary Smith, who allegedly is or was a patient of the medical center. The subpoena lacks sufficient information for you to determine whether Mary Smith is or was a patient in your facility. The subpoena is not accompanied by a valid authorization to release information for Mary Smith, as required in your state. (Case Study, p. 62)

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How should you respond to the subpoena? In addition to providing the legal rational for your response, describe the necessary information the subpoena should have included. Assuming Mary Smith was a patient at the facility, who has ownership over her health record – Mary Smith or the medical center?

Guided Response: Review several of your classmates’ posts. Provide a substantive response to at least two of your peers. Discuss with your classmates the issue of health record ownership. Should the record be owned solely by the patient, the provider, or the health plan? Which is most beneficial in the long term?

Identify the basic rights of people with mental illness. Describe the different types of commitments and states of competency.

Case study

1. Gerald, a 22-year-old black man, has a diagnosis of schizoaffective disorder. Gerald has been living at home, but this afternoon he had a physical fight with the neighbors and set a fire in their garage to burn their house. His father took him to the local psychiatric hospital and said that he wants an involuntary commitment for Gerald since he will not agree to the hospitalization. The father expressed concern over Gerald’s legal rights. The psychiatric nurse practitioner recommends to the father that he commit Gerald on involuntarily for emergency care for a period of 72 hours since he is clearly a danger to others. The nurse explains that Gerald will be evaluated to determine if he needs involuntary detention for observation and treatment for a longer period of time. The nurse explains that Gerald will be periodically evaluated, and that when it is determined that he is no longer a danger to others or himself, Gerald will be released from the hospital.

(Learning Objectives: 4, 5)

a. What basic legal rights does Gerald have at the time of this illness?

b. Why can Gerald not make the decision for himself about being an involuntary emergency commitment to the hospital?